[R.O. 2009 § 410.540; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 1), 7-31-1980]
A.
Authority. The Governing Body of the City
of Bolivar 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 Secretary of the Planning Commission. Said application shall be
completed in its entirety and filed with the Secretary of the Planning
Commission 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.
[R.O. 2009 § 410.550; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 2), 7-31-1980]
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 application
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 a newspaper of
general circulation in the City 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, return receipt requested,
containing the same information as the published notice thereof 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 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.
[R.O. 2009 § 410.560; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 3), 7-31-1980]
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.
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 greater
loss to the individual landowners relative to the public gain.
[R.O. 2009 § 410.570; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 4), 7-31-1980]
A.
Adoption Of The Amendments. The Governing
Body shall consider the request at their next regular meeting. Upon
the receipt of the recommendation of the Planning Commission and any
protest petitions that have been submitted, the Governing Body shall
consider the application and may approve the recommendations of the
Planning Commission or take whatever action it deems necessary.
If a proposed amendment is not acted
upon by the Governing Body within one hundred twenty (120) days after
the recommendation of the Planning Commission is submitted to it,
such proposed amendment shall be deemed to have been defeated and
denied, unless the applicant for such amendment shall have consented
to an extension of such period of time. Whenever a proposed amendment
is defeated, either by vote of the Governing Body or by reason of
the operation of this Section, said amendment shall not thereafter
be passed without a further public hearing and notice thereof as provided
in this Article.
B.
Protest. If a written protest against amendment
shall be filed in the office of the City Clerk within three (3) days
after the date of the conclusion of the hearing on a proposed amendment,
which protest is duly signed and acknowledged by the owners of ten
percent (10%) or more of the property proposed to be rezoned or by
the owners of ten percent (10%) or more of the total area, exclusive
of streets and alleys, which is located within one hundred eighty-five
(185) feet of the boundaries of the property proposed to the rezoned,
then such proposed amendment shall not be passed except by a two-thirds
(2/3) vote of the Governing Body.
C.
Approved Action. If the Governing Body
approves an application, it shall adopt an ordinance to that effect.
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.
[R.O. 2009 § 410.580; Ord. No. 782 § 1 (Zoning Regs. Art. 9 § 5), 7-31-1980]
For the purpose of wholly or partially
defraying the costs of the amendment proceedings, including publication
costs, a fee as set by the City from time to time shall be paid upon
the filing of each application for a change of district boundaries
or classifications.
