[R.O. 2009 §410.855; Ord. No. 2040 §14-1, 9-15-2003]
A.
The
Board of Aldermen may, by ordinance, amend these regulations and the
district boundaries. No such amendment shall be adopted by the Board
of Aldermen until a public hearing has been held and the Planning
Commission has submitted its recommendations.
1.
Proposal of amendments. Amendments may be initiated
by the Board of Aldermen, the Planning Commission or upon application
by the owners of the property affected.
2.
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 filed with the Zoning Administrator
so that a public hearing date can be established. For the purpose
of wholly or partially defraying the costs of the amendment proceedings,
a fee (as indicated in Appendix A to this Chapter) shall be paid upon
the filing of each application for a change of district boundaries
or classification.
[R.O. 2009 §410.860; Ord. No. 2040 §14-2, 9-15-2003]
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 in a newspaper having general circulation
in the City, and at least fifteen (15) days shall elapse between the
date of 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 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, or
the boundaries of any zoning district, its present zoning classification
and the proposed classification. When a proposed amendment will affect
the zoning classification of a 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 or owners
of the property affected and to the owners 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 provide by its rules.
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 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.
D.
Recommendations. Upon the conclusion of the public hearing,
the Planning Commission shall prepare and adopt its recommendations
in the form of a proposed zoning ordinance and shall submit the same,
together with a record of the hearing thereon, to the Board of Aldermen.
Recommendations may be for approval, disapproval or approval in part,
and reasons for the recommendation shall be included.
[R.O. 2009 §410.870; Ord. No. 2040 §14-3, 9-15-2003]
A.
In
order to recommend approval or disapproval of a proposed zoning district
amendment, the Planning Commission shall consider the following matters:
1.
Character of the neighborhood.
2.
Consistency with the Comprehensive Plan and ordinances of the City
of Higginsville.
3.
Adequacy of public utilities and other needed public services.
4.
Suitability of the uses to which the property has been restricted
under its existing zoning.
5.
Compatibility of the proposed district classification with nearby
properties.
6.
The extent to which the zoning amendment may detrimentally affect
nearby property.
7.
Whether the proposed amendment provides a disproportionately great
loss to the individual land owners nearby relative to the public gain.
[R.O. 2009 §410.880; Ord. No. 2040 §14-4, 9-15-2003]
A.
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 determination 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.
[R.O. 2009 §410.890; Ord. No. 2040 §14-5, 9-15-2003]
If a written protest against a proposed amendment shall be filed
in the office of the Zoning Administrator within fourteen (14) days
after the date of the conclusion of the Planning Commission hearing
on a proposed amendment, which protest is 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. The Zoning Administrator shall
review the petition of protest to determine whether or not the petition
of protest meets all of the above requirements. If a petition of protest
meets all of the above requirements, the Zoning Administrator shall
submit the valid petition of protest to the Board of Aldermen.
[R.O. 2009 §410.900; Ord. No. 2040 §14-6, 9-15-2003; Ord. No. 2095 §1, 12-6-2004]
A.
Zoning District Amendment (Rezoning). After review of the
zoning district amendment and the Planning Commission's recommendation(s),
the Board of Aldermen shall make a motion to either approve, approve
with conditions or deny the rezoning.
B.
Amendments To Text. The Board of Aldermen shall consider
the Planning Commission's recommendation and may either approve the
recommendation; override the Planning Commission's recommendation
by a two-thirds (2/3) majority vote of all Board members; or return
the proposed amendment to the Planning Commission for reconsideration,
as prescribed in the adopted zoning or subdivision regulations. If
received for reconsideration, the Planning Commission shall consider
the Board of Aldermen's reasons for failure to approve or disapprove
and may resubmit its original recommendation or a revised recommendation.
Upon receipt of the recommendation, the Board of Aldermen may approve
or disapprove the proposed zoning or subdivision text amendment.
