[R.O. 1997 §400.120; Ord. No. 1088 §2, 12-9-1991]
A.
Authority. The Board of Aldermen may, by ordinance,
amend, supplement, change, modify or repeal this Chapter and the district
boundaries. No such amendment or change shall be adopted by the Board
of Aldermen until the Planning and Zoning Commission has held a public
hearing and submitted its recommendation.
B.
Proposal Of Amendments. Amendments may be initiated
by the Board of Aldermen, the Planning and Zoning Commission, or,
in the case of a map change, upon application by the owners of the
property affected.
C.
Applications. When the owner of the property affected
initiates an amendment to the regulations or the district boundaries,
an application for such amendment shall be obtained from the Zoning
Administrator. Said application shall be completed in its entirety
and filed with the Zoning Administrator so that a public hearing date
can be established.
D.
Certified Ownership List. The application for an
amendment shall be accompanied by an ownership list, either certified
by a registered abstractor or compiled by the applicant from County
records, listing the legal description and name and address of the
owners of any property located within one hundred eighty-five (185)
feet of the boundaries of the property for which the zoning change
is requested.
E.
Disposition Of Amendment Proposals. Upon receipt
of a proposed amendment from the Board of Aldermen or an application
for an amendment from the owner of the property affected, the Planning
and Zoning Commission shall hold a public hearing on the proposed
amendment, and forward to the Board of Aldermen its findings and recommendations
with respect to the proposed amendment.
[R.O. 1997 §400.130; Ord. No. 1088 §2, 12-9-1991]
A.
Public Hearing. The Planning and Zoning Commission
shall hold a public hearing on each proposed amendment that is referred
to, filed with, or initiated by it. The Planning and Zoning Commission
shall select a reasonable hour and place for such public hearing,
and it shall hold such hearing within sixty (60) days from the date
on which the proposed amendment is referred to, filed with, or initiated
by it. An applicant for an amendment may waive the requirement that
such hearing be held within sixty (60) days.
B.
Notice Of Hearing. Public notice of a hearing on
a proposed amendment shall be published once in the official City
newspaper and at least fifteen (15) days shall elapse between the
date of the publication and the date set for such hearing. Such notice
shall state the date, time and place of the hearing and shall contain
a statement regarding the proposed change in regulations or restrictions,
or the zoning classification or zoning district boundaries of the
property. If the proposed amendment would change the zoning classification
of any property, or the boundaries of any zoning district, such notice
shall contain the legal description and street address or general
street location of such property, its present zoning classification,
and the proposed classification. When a proposed amendment will affect
the zoning classification of specific property, the applicant shall
mail a written notice of the public hearing thereon, by certified
mail containing the same information as the published notice thereof,
to the owner of all property within one hundred eighty-five (185)
feet of the boundaries thereof at least fifteen (15) days prior to
the date of such hearing. The Planning and Zoning Commission may give
such additional notice to other persons as it may from time to time
provide by its rules. Prior to the date of the public hearing, the
applicant shall prepare a list of those owners acknowledging the receipt
of the Notice of Public Hearing and submit said list to the Secretary
of the Planning and Zoning Commission.
C.
Conduct Of Hearing. The hearing shall be conducted
and a record of the proceedings shall be preserved in such manner
and according to such procedures as the Planning and Zoning Commission
may from time to time prescribe by rule. Any interested person or
party may appear and be heard at the hearing in person, by agent or
by attorney. The Planning and Zoning Commission may request a report
on any proposed amendment from any governmental official or agency,
or any other person, firm or corporation. If such a report is made,
a copy thereof shall be made available to the applicant and any other
interested persons and shall be available for review in the offices
of the Planning and Zoning Commission at least three (3) days before
the date set for the public hearing.
[R.O. 1997 §400.140; Ord. No. 1088 §2, 12-9-1991]
A.
Recommendations. Upon the conclusion of the public
hearing, the Planning and Zoning Commission shall prepare and adopt
its recommendations and shall submit the same, together with a record
of the hearing thereon, to the Board of Aldermen. Said recommendations
may be for approval, disapproval or approval in part, and reasons
for the recommendation shall be included.
B.
Amendments To Text. When a proposed amendment would
result in a change in the text of this Chapter, 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 determinations as to the following items:
1.
Whether such change is consistent with the intent and purpose
of this Chapter;
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.
C.
Amendments To Change Zoning Districts. When a proposed
amendment would result in a change of the zoning classification of
any specific property, the report of the Planning and Zoning Commission
shall contain statements as to the present classification, the classification
under the proposed amendment, and character of the neighborhood, the
zoning and land uses of the properties nearby and findings as to the
following:
1.
Whether the change in classification would be consistent with
the intent and purpose of this Chapter, with the City's adopted Comprehensive
Plan and other adopted City policies, programs, ordinances, rules,
and regulations;
2.
Whether every use that would be permitted on the property if
it were reclassified would be compatible with the uses permitted on
other property in the immediate vicinity; and whether the subject
property is suitable for the uses to which it has been restricted;
3.
Whether adequate sewer and water facilities, and all other needed
public services, exist or can be provided to serve the uses that would
be permitted on the property if it were reclassified;
4.
Whether the proposed amendment would correct an error in the
application of this Chapter; and
5.
Whether the proposed amendment is made necessary because of
changed or changing conditions in the area affected, and, if so, the
nature of such changed or changing conditions; and whether the proposed
amendment provides a disproportionately great loss to the individual
land owners relative to the public gain.
[R.O. 1997 §400.150; Ord. No. 1088 §2, 12-9-1991]
A.
Receipt Of Planning and Zoning Commission Report And Recommendation. The Board of Aldermen shall act only after the Planning and Zoning
Commission has submitted either a recommendation of approval or disapproval,
or a "failure to recommend."
B.
Consideration Of The Planning and Zoning Commission Recommendation. The Board of Aldermen shall consider the Planning and Zoning Commission's
recommendation at the next regularly scheduled Board of Aldermen meeting
for which the agenda item can be docketed, except that no recommendation
on a zoning district amendment shall be considered by the Board of
Aldermen until fifteen (15) days after the close of the Planning and
Zoning Commission public hearing on such amendment. The Board of Aldermen
shall:
1.
Approve the recommendation of the Planning and Zoning Commission
and adopt such recommendation by ordinance;
2.
Take no further action thereon;
3.
Disapprove the Planning and Zoning Commission's recommendations.
The Board of Aldermen may return such recommendations to the Planning
and Zoning Commission with a written statement specifying the basis
for disapproval, and such recommendation shall be reconsidered by
the Planning and Zoning Commission at its next regularly scheduled
meeting; or
4.
Take such action as it deems appropriate in the event the Planning
and Zoning Commission submits a "failure to recommend" to the Board
of Aldermen.
C.
Reconsideration By The Board of Aldermen. The Board
of Aldermen, upon receipt of a second recommendation from the Planning
and Zoning Commission, may adopt or may revise or amend and adopt
such recommendation by ordinance; or it need take no further action
thereon. If the Planning and Zoning Commission fails to deliver its
second recommendation to the Board of Aldermen within fifteen (15)
days after receipt of the Board of Aldermen's statement specifying
disapproval, the Board of Aldermen shall consider such inaction on
the part of the Planning and Zoning Commission as a resubmission of
the original recommendations and proceed accordingly.
D.
Inaction By Board Of Aldermen. If a proposed amendment
is considered by the Board of Aldermen but not acted upon finally
within one hundred twenty (120) days of the date when the Planning
and Zoning Commission report and recommendation was considered, such
proposed amendment shall be deemed to have been denied, unless the
applicant for such amendment shall have consented to an extension
of such period in time.
[R.O. 1997 §400.160; Ord. No. 1088 §2, 12-9-1991]
In case of a protest against any amendment, duly signed and
acknowledged 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 eighty-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 members of the Board of Aldermen of the City of Cassville.
[R.O. 1997 §400.170; Ord. No. 1088 §2, 12-9-1991]
A.
If the Board of Aldermen approves an application, it shall adopt
an ordinance to that effect.
B.
If the official Zoning Map has been adopted by reference, the amending
ordinance shall define the change or boundary as amended, shall order
the official Zoning Map to be changed to reflect such amendment, and
shall amend the section of the regulation incorporating the same and
shall reincorporate such map as amended.
[R.O. 1997 §400.180; Ord. No. 1088 §2, 12-9-1991]
For the purpose of wholly or partially defraying the costs of
the amendment proceedings, including publication costs, a fee in the
amount of one hundred dollars ($100.00) shall be paid upon the filing
of each application for a change of district boundaries or classifications.
