[Ord. No. 99-1145 Art. 11 §1, 9-20-1999]
The Board of Aldermen may, from time to time, amend, supplement
or change, by ordinance, the boundaries of the districts or the regulations
herein established. Any such amendment may be initiated by resolution
of the Board of Aldermen, or by motion of the Planning and Zoning
Commission, or by petition of any property owner or owners under contract
or their representative addressed to the Board of Aldermen. Petitions
for change or amendment shall be on forms and filed in a manner prescribed
by the City.
Whenever the Commission considers an application for rezoning
of a parcel of property or for a special use permit, notice of such
application shall be given, by letter, to all property owners within
one hundred eighty-five (185) feet distant from the parcel being considered
for rezoning or for a special use permit. The names of such owners
shall be provided the City by the applicant. Such letter shall inform
such property owners of the receipt of such application, the date,
time and place of the first (1st) meeting of the Commission at which
such application will be considered, and that such property owners
are welcomed to attend and observe such meeting of the Commission.
Participation at such meeting by such property owners shall remain
within the discretion of the Chairperson of the Commission presiding
over such meeting. The purpose of such notice shall not be to call
a public hearing on the application (as such a public hearing is required
before the Board of Aldermen prior to its consideration of such application
for rezoning) but, rather, to allow such property owners to be advised
of the receipt of such application and to be informed of the basis
for and factors involved in such application.
[Ord. No. 99-1145 Art. 11 §2, 9-20-1999;Ord. No. 18-2247, 1-21-2019]
Any proposed amendment, supplement, change, modification or
repeal shall first be submitted to the Commission for its recommendations
and report. If the Commission makes no report within ninety (90) days
from the date of the first meeting in which such matter is upon its
agenda, the Board of Aldermen upon an affirmative vote of a majority
of the Board after making a determination that there is no just cause
for the Commission's delay, may remove the matter from the Commission's
jurisdiction with no report. Nothing herein, however, shall prevent
an applicant and the Commission from agreeing to have an application
postponed to a Commission agenda beyond the above-referenced ninety-day
period.
[Ord. No. 99-1145 Art. 11 §3, 9-20-1999]
A.
Upon
the filing of the recommendations and report by the Commission with
respect to any proposed amendment, supplement, change, modification
or repeal, the Board of Aldermen shall proceed to hold a public hearing
in relation thereto giving at least fifteen (15) days' notice of the
time and place of such hearing, which notice shall first be published
in a newspaper having a general circulation in the City of Manchester.
Where an amendment, supplement or change of the boundaries of the
districts or the regulations herein established is proposed and is
adjacent to residential property, notice shall be given to all property
owners within one hundred eighty-five (185) feet distant from the
parcel being considered. The applicant shall supply the City with
the names and addresses of all persons to receive notice pursuant
to the provisions hereof. If, however, the Board of Aldermen were
to propose the amendment, supplement or change, then the City is to
provide the names and addresses of the properties to receive notice
pursuant to the provisions hereof. Failure of any property owner to
receive notices hereunder shall not affect the proceedings hereunder
unless the Board of Aldermen shall determine that the failure to receive
the notice was caused by willful action.
B.
In
case of an adverse report by the Commission, the Commission shall
forward to the Board of Aldermen its separate written report stating
the reasons for such adverse report and the reasons for its recommended
denial of the application for rezoning.
C.
In
case of an adverse report by the Commission, or if a protest against
such amendment, supplement, change, modification or repeal shall be
presented in writing, 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 amendment, supplement,
change, modification or repeal 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.
[Ord. No. 99-1145 Art. 11 §4, 9-20-1999]
Before any action shall be taken as provided in this Article,
the party or parties proposing or recommending a change in the district
regulations or district boundaries shall deposit with the City Administrator
the sum of three hundred dollars ($300.00) to cover the approximate
cost of this proceeding, and under no conditions shall said sum or
any part thereof be refunded for failure of said change to be adopted
by the Board of Aldermen.
