[R.O. 2004 § 405.770; Ord. No. 2.56 § 2(Art. 15 § 1), 1-9-2001]
The Board of Aldermen, from time
to time, may supplement, change or generally revise the boundaries
or regulations contained in zoning regulations by amendment. A proposal
for such amendment may be initiated by the Board of Aldermen or the
Planning and Zoning Commission. If such proposed amendment is not
a general revision of the existing regulations and affects specific
property, the amendment may be initiated by application of the owner
of property affected. Applications for conditional use permits shall
be considered by the same procedure as zoning district amendments.
Any such amendment, if in accordance with the adopted Comprehensive
Plan, shall be presumed to be reasonable.
[R.O. 2004 § 405.775; Ord. No. 2.56 § 2(Art. 15 § 2), 1-9-2001]
All such proposed amendments first
shall be submitted to the Planning and Zoning Commission for recommendation.
The Planning and Zoning Commission shall hold a public hearing thereon
at its next regular meeting for which the application may be scheduled,
shall cause an accurate written summary to be made of the proceedings
and shall give notice in like manner as that required for recommendations
on the original proposed zoning regulations. Such notice shall fix
the time and place for such hearing and contain a statement regarding
the proposed changes in regulations or restrictions or in the boundary
or classification of any zone or district. If such proposed amendment
is not a general revision of the existing regulations and affects
specific property, the property shall be designated by legal description
or a general description sufficient to identify the property under
consideration.
[R.O. 2004 § 405.780; Ord. No. 2.56 § 2(Art. 15 § 3), 1-9-2001]
In addition to such publication notice,
written notice of such proposed amendment shall be mailed at least
fifteen (15) days before the hearing to all owners of record of lands
located within at least one hundred eighty-five (185) feet of the
area proposed to be altered. All notices shall include a statement
that a complete legal description is available for public inspection
and shall indicate where such information is available. When the notice
has been properly addressed and deposited in the mail, failure of
a party to receive such notice shall not invalidate any subsequent
action taken by the Planning and Zoning Commission or the Board of
Aldermen. Such notice is sufficient to permit the Planning and Zoning
Commission to recommend amendments to zoning regulations which affect
only a portion of the land described in the notice or which give all
or any part of the land described a zoning classification of lesser
change than that set forth in the notice. At any public hearing held
to consider a proposed rezoning, an opportunity shall be granted to
interested parties to be heard.
[R.O. 2004 § 405.785; Ord. No. 2.56 § 2(Art. 15 § 4), 1-9-2001]
A.
The procedure for the consideration and
adoption of a recommendation to amend zoning district boundaries shall
be in the same manner as that required for the consideration and adoption
of the original zoning regulations. A majority of a quorum of the
Planning and Zoning Commission at the hearing shall be required to
recommend approval or denial of the amendment to the Board of Aldermen.
If the Planning and Zoning Commission fails to make a recommendation
on a rezoning request, the Planning and Zoning Commission shall be
deemed to have made a recommendation of disapproval. When the Planning
and Zoning Commission submits a recommendation of approval or disapproval
of such amendment and the reasons therefor, the Board of Aldermen
may:
1.
Adopt such recommendation by ordinance;
2.
Override the Planning and Zoning
Commission's recommendation by a two-thirds vote of the membership
of the Board of Aldermen; or
3.
Return such recommendation to the
Planning and Zoning Commission with a statement specifying the basis
for the Board of Aldermen's failure to approve or disapprove.
B.
If the Board of Aldermen returns the Planning
and Zoning Commission's recommendation, the Planning and Zoning Commission,
after considering the same, may resubmit its original recommendation
giving the reasons therefor or submit a new and amended recommendation.
Upon the receipt of such recommendation, the Board of Aldermen, by
a simple majority thereof, may adopt or may revise or amend and adopt
such recommendation by the respective ordinance or it need take no
further action thereon. If the Planning and Zoning Commission fails
to deliver its recommendation to the Board of Aldermen following the
Planning and Zoning Commission's next regular meeting after receipt
of the Board of Aldermen's report, the Board of Aldermen shall consider
such course of inaction on the part of the Planning and Zoning Commission
as a resubmission of the original recommendation and proceed accordingly.
The proposed rezoning shall become effective upon publication of the
respective adopting ordinance or resolution.
[R.O. 2004 § 405.790; Ord. No. 2.56 § 2(Art. 15 § 5), 1-9-2001]
Any party desiring any change in
zoning district boundaries or regulations contained in this zoning
ordinance, as to any lot, tract or area of land, shall file with the
Zoning Administrator an application and such application shall be
accompanied by such data and information as prescribed in these regulations.
[R.O. 2004 § 405.795; Ord. No. 2.56 § 2(Art. 15 § 6), 1-9-2001]
An application fee and filing deposit
in amounts as established by the Board of Aldermen shall accompany
each application filed with the City. Promptly upon the filing of
any such application, the Zoning Administrator shall refer the application
to the Planning and Zoning Commission agenda for study and recommendation
and shall submit a report to the Board of Aldermen concerning the
nature of the application and that said application has been referred
to the Planning and Zoning Commission.
[R.O. 2004 § 405.800; Ord. No. 2.56 § 2(Art. 15 § 7), 1-9-2001]
A.
Upon the adoption or amendment of any such
plan or part thereof by adoption of the appropriate resolution by
the Planning and Zoning Commission, a certified copy of the plan or
part thereof, together with a written summary of the hearing thereon,
shall be submitted to the Board of Aldermen. No Comprehensive Plan
shall be effective unless approved by the Board of Aldermen.
B.
An attested copy of the Comprehensive Plan
and any amendments thereto shall be sent to all other taxing subdivisions
in the planning area which request a copy of such plan.
[R.O. 2004 § 405.805; Ord. No. 2.56 § 2(Art. 15 § 8), 1-9-2001]
A.
In order to recommend approval or disapproval
of a proposed zoning district amendment, the Planning and Zoning Commission
shall consider the following matters:
1.
Character of the neighborhood.
2.
Consistency with the Comprehensive
Plan and ordinances of the City of Mount Vernon.
3.
Adequacy of public utilities and
other needed public services.
4.
Suitability of the uses to which
the property has been restricted under its existing zoning.
5.
Compatibility of the proposed district
classification with nearby properties.
6.
The extent to which the zoning amendment
may detrimentally affect nearby property.
7.
Whether the proposed amendment provides
a disproportionately great loss to the individual land owners nearby
relative to the public gain.
[R.O. 2004 § 405.810; Ord. No. 2.56 § 2(Art. 15 § 9), 1-9-2001]
A.
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 and Zoning Commission shall contain
a statement as to the nature and effect of such proposed amendment
and determination 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.
[R.O. 2004 § 405.815; Ord. No. 2.56 § 2(Art. 15 § 10), 1-9-2001]
Regardless of whether or not the
Planning and Zoning Commission approves or disapproves a zoning amendment,
if a protest against such amendment is filed in the office of the
City Clerk within fourteen (14) days after the date of the conclusion
of the public hearing pursuant to said publication notice, signed
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
change or within an area determined by lines drawn parallel to and
one hundred eight-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 membership
of the Board of Aldermen.
