[R.O. 2012 §405.140; Ord. No. 522 §§1—3, 12-1-1992; Ord. No. 746 §I, 8-1-2006]
A.
Authority. The Board of Aldermen of Knob Noster may, by
ordinance, amend, supplement, change, modify or repeal these Zoning
Regulations and the district boundaries. No such amendment or change
shall be adopted by the Board of Aldermen until the Planning Commission
has held a public hearing and submitted its recommendation.
B.
Proposal Of Amendments. Amendments may be initiated by
the Board of Aldermen, 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 Zoning Regulations or the district boundaries,
an application for such amendment shall be obtained from the Zoning
Official. Said application shall be completed in its entirety and
filed with the Zoning Official so that a public hearing date can be
established.
D.
Ownership List. The application for an amendment shall be
accompanied by an ownership list, compiled by the applicant from County
records.
E.
Disposition Of Amendment Proposals. Upon receipt of a proposed
amendment from the Board of Aldermen 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
Board of Aldermen its findings and recommendations with respect to
the proposed amendment.
[R.O. 2012 §405.150; Ord. No. 522 §§1—3, 12-1-1992; Ord. No. 746 §I, 8-1-2006]
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. 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 Hearings. 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.
[R.O. 2012 §405.160; Ord. No. 522 §§1—3, 12-1-1992]
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 Board of Aldermen. 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 Zoning 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 Zoning 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 Zoning 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 re-classified;
4.
Whether the proposed amendment would correct an error in the application
of these Zoning 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.
[R.O. 2012 §405.170; Ord. No. 522 §§1—3, 12-1-1992]
A.
Receipt Of Planning Commission Report And Recommendation. The Board of Aldermen 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 Board of Aldermen shall consider the Planning Commission's recommendation
at the next regularly scheduled Board of Aldermen meeting for which
the agenda item can be docketed, except that no recommendation on
a Zoning District amendment shall be considered by the Board of Aldermen
until fifteen (15) days after the close of the Planning Commission
public hearing on such amendment.
The Board of Aldermen 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 Board of
Aldermen 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 Board of Aldermen.
C.
Reconsideration By The Board Of Aldermen. The Board of
Aldermen, upon receipt of a second (2nd) 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 (2nd) recommendation to the
Board of Aldermen within fifteen (15) days after receipt of the Board
of Aldermen's statement specifying disapproval, the Board of Aldermen
shall consider such inaction on the part of the Planning Commission
as a resubmission of the original recommendations and proceed accordingly.
D.
Inaction By Board Of Aldermen. If a proposed amendment is
considered by the Board of Aldermen 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.
[R.O. 2012 §405.180; Ord. No. 522 §§1—3, 12-1-1992]
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 Knob
Noster.
[R.O. 2012 §405.190; Ord. No. 522 §§1—3, 12-1-1992]
A.
If
the Board of Aldermen 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 Zoning Regulation incorporating the
same and shall reincorporate such map as amended.
[R.O. 2012 §405.200; Ord. No. 522 §§1—3, 12-1-1992; Ord. No. 524 §1, 12-1-1992]
A.
For the purpose of wholly or partially defraying the costs of the amendment proceedings, including publication costs, a fee as established in Subsection (B) below shall be paid upon the filing of each application for a change of district boundaries or classifications.
B.
Zoning Regulation Fees.
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Application for zoning amendments
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$25.00
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Petition for planned development district
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$25.00
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Application for special use permit
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$50.00
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Application for sign permit
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$15.00
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Application for Board of Adjustments hearing
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$50.00
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