[Ord. No. 2480, 5-8-2023]
A. Authority. The Governing Body of Plattsburg may, by ordinance, amend,
supplement, change, modify or repeal these Regulations and the district
boundaries. No such amendment or change shall be adopted by the Governing
Body until the Planning Commission has held a public hearing and submitted
its recommendation.
B. Proposal Of Amendments. Amendments may be initiated by the Governing
Body, the Planning Commission, or, in the case of a map change, upon
application by the owners of the property affected.
C. Applications. When the owner of the property affected initiates an
amendment to the Regulations or the district boundaries, an application
for such amendment shall be obtained from the Zoning Administrator.
Said application shall be completed in its entirety and filed with
the Zoning Administrator so that a public hearing date can be established.
D. Certified Ownership List. The application for an amendment shall
be accompanied by an ownership list, either certified by a registered
abstractor or compiled by the applicant from County records, listing
the legal description and name and address of the owners of all property
located within one hundred eighty-five (185) feet of the boundaries
of the property for which the zoning change is requested.
E. Disposition Of Amendment Proposals. Upon receipt of a proposed amendment
from the Governing Body or an application for an amendment from the
owner of the property affected, the Planning Commission shall hold
a public hearing on the proposed amendment, and forward to the Governing
Body its findings and recommendations with respect to the proposed
amendment.
[Ord. No. 2480, 5-8-2023]
A. Public Hearing. The Planning Commission shall hold a public hearing
on each proposed amendment that is referred to, filed with, or initiated
by it. The Planning Commission shall select a reasonable hour and
place for such public hearing, and it shall hold such hearing within
sixty (60) days from the date on which the proposed amendment is referred
to, filed with, or initiated by it. An applicant for an amendment
may waive the requirement that such hearing be held within sixty (60)
days.
B. Notice Of Hearing. Public notice of a hearing on a proposed amendment
shall be published once in the official City newspaper and at least
fifteen (15) days shall elapse between the date of the publication
and the date set for such hearing. Such notice shall state the date,
time and place of the hearing and shall contain a statement regarding
the proposed change in regulations or restrictions, or the zoning
classification or zoning district boundaries of the property. If the
proposed amendment would change the zoning classification of any property,
or the boundaries of any zoning district, such notice shall contain
the legal description and street address or general street location
of such property, its present zoning classification, and the proposed
classification. When a proposed amendment will affect the zoning classification
of specific property, the City shall mail a written notice of the
public hearing thereon, containing the same information as the published
notice thereof, to the owner of all property within one hundred eighty-five
(185) feet of the boundaries thereof at least fifteen (15) days prior
to the date of such hearing. The Planning Commission may give such
additional notice to other persons as it may from time to time provide
by its rules. Prior to the date of the public hearing, the applicant
shall prepare a list of those owners acknowledging the receipt of
the Notice of Public Hearing and submit said list to the Secretary
of the Planning Commission.
C. Conduct Of Hearing. The hearing shall be conducted and a record of
the proceedings shall be preserved in such manner and according to
such procedures as the Planning Commission may from time to time prescribe
by rule. Any interested person or party may appear and be heard at
the hearing in person, by agent or by attorney. The Planning Commission
may request a report on any proposed amendment from any governmental
official or agency, or any other person, firm or corporation. If such
a report is made, a copy thereof shall be made available to the applicant
and any other interested persons and shall be available for review
in the offices of the Planning Commission at least three (3) days
before the date set for the public hearing.
[Ord. No. 2480, 5-8-2023]
A. Recommendations. Upon the conclusion of the public hearing, the Planning
Commission shall prepare and adopt its recommendations and shall submit
the same, together with a record of the hearing thereon, to the Governing
Body. Said recommendations may be for approval, disapproval or approval
in part, and reasons for the recommendation shall be included.
B. Amendments To Text. When a proposed amendment would result in a change
in the text of these Regulations, but would not result in a change
of zoning classification of any specific property, the recommendation
of the Planning Commission shall contain a statement as to the nature
and effect of such proposed amendment and determinations as to the
following items:
1.
Whether such change is consistent with the intent and purpose
of these Regulations;
2.
The areas which are most likely to be directly affected by such
change and in what way they will be affected; and
3.
Whether the proposed amendment is made necessary because of
changed or changing conditions in the areas and zoning districts affected,
or in the area of jurisdiction of such changed or changing conditions.
C. Amendments To Change Zoning Districts. When a proposed amendment
would result in a change of the zoning classification of any specific
property, the report of the Planning Commission shall contain statements
as to the present classification, the classification under the proposed
amendment, and character of the neighborhood, the zoning and land
uses of the properties nearby and findings to the following:
1.
Whether the change in classification would be consistent with
the intent and purpose of these Regulations, with the City's
adopted Comprehensive Plan and other adopted City policies, programs,
ordinances, rules, and regulations;
2.
Whether every use that would be permitted on the property if
it were reclassified would be compatible with the uses permitted on
other property in the immediate vicinity; and whether the subject
property is suitable for the uses to which it has been restricted;
3.
Whether adequate sewer and water facilities, and all other needed
public services, exist or can be provided to serve the uses that would
be permitted on the property if it were reclassified;
4.
Whether the proposed amendment would correct an error in the
application of these Regulations; and
5.
Whether the proposed amendment is made necessary because of
changed or changing conditions in the area affected, and, if so, the
nature of such changed or changing conditions; and whether the proposed
amendment provides a disproportionately great loss to the individual
land owners relative to the public gain.
[Ord. No. 2480, 5-8-2023]
A. Receipt Of Planning Commission Report And Recommendation. The Governing
Body shall act only after the Planning Commission has submitted either
a recommendation of approval or disapproval, or a "failure to recommend."
B. Consideration Of The Planning Commission Recommendation. The Governing
Body shall consider the Planning Commission's recommendation
at the next regularly scheduled Governing Body meeting for which the
agenda item can be docketed, except that no recommendation on a zoning
district amendment shall be considered by the Governing Body until
fifteen (15) days after the close of the Planning Commission public
hearing on such amendment.
The Governing Body shall:
1.
Approve the recommendation of the Planning Commission and adopt
such recommendation by ordinance; or
2.
Take no further action thereon; or
3.
Disapprove The Planning Commission's Recommendations. The
Governing Body may return such recommendations to the Planning Commission
with a written statement specifying the basis for disapproval, and
such recommendation shall be reconsidered by the Planning Commission
at its next regularly scheduled meeting; or
4.
Take such action as it deems appropriate in the event the Planning
Commission submits a "failure to recommend" to the Governing Body.
C. Reconsideration By The Governing Body. The Governing Body, upon receipt
of a second recommendation from the Planning Commission, may adopt
or may revise or amend and adopt such recommendation by ordinance;
or it need take no further action thereon. If the Planning Commission
fails to deliver its second recommendation to the Governing Body within
fifteen (15) days after receipt of the Governing Body's statement
specifying disapproval, the Governing Body shall consider such inaction
on the part of the Planning Commission as a resubmission of the original
recommendations and proceed accordingly.
D. Inaction By Governing Body. If a proposed amendment is considered
by the Governing Body but not acted upon finally within one hundred
twenty (120) days of the date when the Planning Commission report
and recommendation was considered, such proposed amendment shall be
deemed to have been denied, unless the applicant for such amendment
shall have consented to an extension of such period in time.
[Ord. No. 2480, 5-8-2023]
In case of a protest against any amendment, duly signed and
acknowledged by the owners of thirty percent (30%) or more, either
of the areas of the land (exclusive of streets and alleys) included
in such proposed change or within an area determined by lines drawn
parallel to and one hundred eighty-five (185) feet distant from the
boundaries of the district proposed to be changed, such amendment
shall not become effective except by the favorable vote of two-thirds
(2/3) of all the members of the Board of Aldermen of the City of Plattsburg.
[Ord. No. 2480, 5-8-2023]
A. If the Governing Body approves an application, it shall adopt an
ordinance to that effect.
B. If the official Zoning Map has been adopted by reference, the amending
ordinance shall define the change or boundary as amended, shall order
the official Zoning Map to be changed to reflect such amendment, and
shall amend the section of the Regulation incorporating the same and
shall reincorporate such map as amended.
[Ord. No. 2480, 5-8-2023]
For the purpose of wholly or partially defraying the costs of
the amendment proceedings, including publication costs, a fee in the
amount of one hundred dollars ($100.00) shall be paid upon the filing
of each application for a change of district boundaries or classifications.