[R.O. 1998 § 400.860; CC 1988 App. A
§14.0; Ord. No. 1424 §1, 9-5-1989]
The Board of Aldermen may from time
to time, on its own motion or on petition, amend, supplement, change,
modify, or repeal by ordinance the boundaries of districts or regulations,
or restrictions herein established.
[R.O. 1998 § 400.870; CC 1988 App. A
§14.1; Ord. No. 1424 §1, 9-5-1989; Ord. No. 2393 §4, 10-4-2005]
Before any action shall be taken as provided in this Section, the party proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Clerk a fee in the amount set forth in Section 400.750 based upon the acreage of the subject property to cover the approximate cost of this procedure, and under no condition shall such sum, or any part thereof, be refunded for failure of such change to be adopted by the Board of Aldermen; provided, however, that no deposit shall be required whenever the change is proposed by the City Planning and Zoning Commission, by the Board of Aldermen or any member thereof or by an official taxing agency or commission of the City. In addition thereto, if a public hearing is required for a proposed change in the zoning, before such publication shall be ordered, the applicant shall deposit with the City Clerk an amount equal to the estimated cost of publication and under no conditions shall such sum or any part thereof be refunded for failure of such change to be adopted by the Board of Aldermen; provided, however, that no deposit shall be required whenever the publication for a public hearing is the result of a proposal by the City Planning and Zoning Commission or by the Board of Aldermen or by an official taxing agency or commission of the City. If the cost of the publication exceeds the estimate secured by deposit, the applicant shall be billed and pay the difference. If the cost of the publication is less than the deposited estimate, the unused portion shall be returned to the applicant.
[R.O. 1998 § 400.880; CC 1988 App. A
§14.2; Ord. No. 1424 §1, 9-5-1989]
Any proposed amendment, supplement,
change, modification or repeal shall be first submitted to the Planning
and Zoning Commission for its recommendation and report.
[R.O. 1998 § 400.890; CC 1988 App. A
§14.3; Ord. No. 1424 §1, 9-5-1989]
Upon the filing of the recommendation
and report by the Planning and Zoning Commission with respect to any
proposed amendment, supplement, change, modification or repeal, or
upon failure to report in sixty (60) 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 additional 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.
[R.O. 1998 § 400.900; CC 1988 App. A
§14.4; Ord. No. 1424 §1, 9-5-1989]
In addition, where the proposed amendment
recommends a change in the district boundaries by rezoning of property,
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 one hundred
eighty-five (185) feet of any part of the property being considered
for rezoning action.
[R.O. 1998 § 400.910; CC 1988 App. A
§14.5; Ord. No. 1424 §1, 9-5-1989]
A.
The Board of Aldermen shall vote on the
amendment, based on the following conditions:
1.
Rezoning shall require a favorable
vote by at least three-fourths (3/4) of the full Board of Aldermen
membership if the City Planning and Zoning Commission recommends against
the rezoning.
2.
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
two-thirds (2/3) of the members of the Board of Aldermen.
