[R.O. 2004 § 420.350; Ord. No. 2.56 § 4, 1-9-2001; Ord. No. 2.109 § 1, 9-13-2005]
A.
A proposal for a change in district classification
(rezoning) may be initiated by either the Governing Body, the Planning
and Zoning Commission or by application of the owner of property affected.
1.
The applicant shall first obtain
the proper application form from the office of Zoning Administrator.
2.
The rezoning application form shall
be completely filled out and returned to the office of Zoning Administration
with the appropriate filing fee, deposit and required information.
An application shall not be scheduled for public hearing until the
application form has been fully completed, the filing fee and deposit
paid and all required information submitted. The deposit shall be
used to cover expenses incurred by the City in the processing notification
and review of the application. If the City's processing notification
and review costs exceed the amount of the initial deposit, the applicant
shall be required to pay the additional amount.
3.
The office of the Zoning Administrator
shall be responsible for having an official notice of the public hearing
published in a newspaper of general circulation at least fifteen (15)
days prior to the hearing. The office of the Zoning Administrator
shall be responsible for following the administrative procedures for
a zoning district amendment as prescribed in the adopted zoning regulations.
The notice shall fix the time and place of the hearing and shall describe
generally the change requested.
The applicant shall be responsible
for submitting a list of surrounding property owners to the office
of Zoning Administration. The office shall send a written notice to
notify surrounding property owners of the public hearing and of their
right to file protest petitions and shall explain the protest procedure.
The written notice shall be sent to all owners of real property within
one hundred eighty-five (185) feet of the property if the property
proposed to be rezoned is located in the City's municipal boundaries.
This notice shall be mailed, return
receipt requested. Said notice shall be sent at least fifteen (15)
days before the hearing at which said rezoning application is scheduled
to be considered. The notice shall state the intent of the request,
fix the time and place for the hearing as determined by the Zoning
Administrator and shall contain the following:
a.
A statement regarding the proposed
zoning classification;
b.
A legal description or general description
that is sufficient to identify the property under consideration;
c.
Proof of ownership in the form of
a warranty deed, quit claim deed, other deed of conveyance, or other
proof of ownership, and
d.
A statement that a complete legal
description is available for public inspection in the City of Mount
Vernon Zoning Administration office.
4.
The Planning and Zoning Commission
shall hold a public hearing at which time citizens and parties of
interest shall have an opportunity to be heard.
5.
The public hearing may be adjourned
from time to time and, upon its conclusion, the Planning and Zoning
Commission shall prepare and adopt its recommendation to the Governing
Body. This recommendation shall be submitted along with an accurate
record of the public hearing.
6.
The Governing Body shall consider
the Planning and Zoning Commission's recommendation and may either
approve the recommendation; override the Planning and Zoning Commission's
recommendation by a two-thirds majority vote of the membership of
the Governing Body; or return the proposed amendment to the Planning
and Zoning Commission for reconsideration, as prescribed in the adopted
zoning or subdivision regulations. If received for reconsideration,
the Planning and Zoning Commission shall consider the Governing Body's
reasons for failure to approve or disapprove and may resubmit its
original recommendation or a revised recommendation. Upon receipt
of the recommendation, the Governing Body may approve or disapprove
the proposed zoning.
7.
If the Governing Body approves the
requested change, it shall adopt an ordinance to that effect.
