[CC 1997 §26-20]
The Board of Aldermen may from time to time, on its own motion
or on petition from members of the community, amend, supplement, change,
modify or repeal by ordinance the boundaries of districts or regulations
or restrictions herein established.
[CC 1997 §26-20.1]
Any proposed amendment, supplement, change, modification or
repeal shall be first submitted to the Planning and Zoning Commission
for its recommendation and report.
[CC 1997 §26-20.2]
Upon the filing of the recommendation and report by the Commission
with respect to any proposed amendment, supplement, change, modification
or repeal or upon failure to report in ninety (90) days, 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 a hearing and if a proposed amendment, change or modification
recommends a change in the district boundaries by rezoning of certain
property, then such notice shall, in addition to the legal description
of the property, contain a commonly recognized designation or address,
which notice shall first be published in a newspaper having a general
circulation in the City.
[CC 1997 §26-20.3]
In addition, if the proposed amendment recommends a change in
the district boundaries by the rezoning of property, then at least
one (1) week prior to the time the Board of Aldermen holds a public
hearing on the rezoning, the City Clerk shall have mailed notices
of the proposed rezoning to all owners of property, as shown on the
last tax rolls of the City, which is located within three hundred
(300) feet of any part of the property being considered for such rezoning
action.
[CC 1997 §§26-20.4 — 26-20.44]
A.
The
Board of Aldermen shall vote on the amendment based on the following
conditions.
1.
The Board of Aldermen shall not take final action on a rezoning bill
until at least six (6) days after the public hearing.
2.
All rezoning actions shall require an affirmative action by a majority
of the full membership of the Board of Aldermen.
3.
Rezoning shall require an affirmative vote of three (3) members of
the Board of Aldermen if the Planning and Zoning Commission recommends
against the rezoning.
4.
If a protest against such proposed amendment, supplement, change,
modification or repeal shall be presented in writing to the City Clerk,
duly signed and acknowledged by the owners of thirty percent (30%)
or more either of the area of the land, exclusive of streets, places
and alleys, included within 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,
supplement, change, modification or repeal shall not become effective
except by a favorable vote of at least three (3) of the members of
the Board of Aldermen.
