[R.O. 2004 §480.010; Ord. No. 571 §18, 6-3-1985; Ord. No. 745 §§1
— 3(480.010), 10-22-1992; Ord. No. 882 §§1 —
4, 12-2-1997]
The Board of Aldermen may by ordinance, on its own motion or
on application amend, supplement, change, modify or repeal the boundaries
or zoning designation of districts herein established under the procedures
herein provided.
[R.O. 2004 §480.020; Ord. No. 571 §18, 6-3-1985; Ord. No. 745 §§1
— 3(480.020, 480.030), 10-22-1992; Ord. No. 882 §§1
— 4, 12-2-1997]
Applications for district changes shall be filed in writing
with the City Administrator who shall review the application to determine
that it is in the proper form. The City Administrator may require
applicants to provide plats, documents and other information deemed
of value. All applications except those proposed by the Board of Aldermen
or the City Planning and Zoning Commission shall be accompanied by
a publication fee established by the Board of Aldermen. A copy of
the application shall remain on file with the City Administrator for
public inspection until final action thereon.
[R.O. 2004 §480.040; Ord. No. 745 §§1 — 3(480.040), 10-22-1992; Ord. No. 882 §§1 — 4, 12-2-1997]
Upon receipt of an application in proper form, the City Administrator,
within thirty (30) days, shall refer it to the Planning and Zoning
Commission. The Board of Aldermen may by resolution delegate the duty
of such receipt and referral to the City Administrator. The Planning
and Zoning Commission shall forward the application to the Board of
Aldermen with its recommendations showing the number of votes and
the reasons given for and against any action taken. If not forwarded
to the Board of Aldermen within forty-five (45) days, the application
shall be deemed approved.
[R.O. 2004 §480.050; Ord. No. 571 §18, 6-3-1985; Ord. No. 745 §§1
— 3(480.050), 10-22-1992; Ord. No. 882 §§1 —
4, 12-2-1997]
The City Administrator may reject an application without referring
it to the Planning and Zoning Commission and without publishing a
notice of hearing if the application is made within six (6) months
of the Board's rejection of a previous application regarding the same
or similar lot.
A.
Referral To Planning And Zoning Commission. The Board of
Aldermen may amend this Chapter on its own motion or on petition after
submission of the proposed amendment to the Planning and Zoning Commission
for its recommendation and report and a hearing. Petitions shall be
made by application and payment of a fee of one hundred dollars ($100.00).
B.
Public Hearing — Notice. The Board of Aldermen shall
hold a hearing on the proposed amendment at least fifteen (15) days
after the publication of a notice of the hearing as provided by law.
C.
Two-Thirds Vote By Board Of Aldermen — When. If the
Planning and Zoning Commission disapproves the change, or if a protest
against the proposed amendment is signed and acknowledged by the owners
of thirty percent (30%) or more of the area of land (exclusive of
streets and places) included in the proposed change, or within an
area defined by lines drawn parallel to and one hundred eighty-five
(185) feet from the boundaries of the area of the proposed change,
the amendment shall not be effective unless it is adopted by two-thirds
(⅔) of the members of the Board of Aldermen. Otherwise, the
amendment shall be effective on the majority vote of the Board of
Aldermen.
[R.O. 2004 §480.100; Ord. No. 571 §18, 6-3-1985; Ord. No. 745 §§1
— 3(480.100), 10-22-1992; Ord. No. 882 §§1 —
4, 12-2-1997]
In its action upon an application for change in district boundaries,
the Board of Aldermen may grant a special use permit or may grant
the change to a district which is intermediate in restrictiveness
between the existing district and the requested district.
