Whenever the public necessity, convenience,
general welfare, or good zoning practices require, the Mayor and Council
may by ordinance, after recommendation by the Planning Commission
and subject to the procedure set forth in this article, amend, supplement
or change the regulations, district boundaries, or classifications
of property now or hereafter established by this chapter or amendments
thereof. Such amendment, supplement, or change may be initiated by
resolution of the Mayor and Council, by motion of the Planning Commission,
or by petition of any property owner.
An applicant submitting an application for a
change in the Zoning Map shall pay a filing fee. An applicant proposing
or requesting a change in the text of this chapter shall pay a fee
and shall also pay the cost of any advertising or publication of the
proposed change. The fees shall be established, from time to time,
by the Town Council upon the recommendation of the Planning Commission.
The fee schedule shall be maintained on file in the office of the
Town Clerk.
[Amended 4-11-2017 by Ord. No. 2017-04]
Where the purpose and effect of the amendment
are to change the zoning classification, the Myersville Town Council
shall make findings of fact in each specific case, including but not
limited to the following: population change, availability of public
facilities, present and future transportation patterns, compatibility
with existing and proposed development for the area, the recommendation
from the Myersville Planning Commission, the relationship of such
proposed amendment to the Myersville Comprehensive Plan; and may grant
the amendment based upon the finding that there was a substantial
change in the character of the neighborhood where the property is
located or that there was a mistake made in the existing zoning classification.
An application for a reclassification shall
not be accepted for filing by the Myersville Town Council if the application
is for the reclassification of the whole or any part of land the reclassification
of which has been opposed or denied by the Town Council on the merits
within 12 months from the date of the Town Council's decision.