A.

Generally. The Board of Aldermen may, from time to time, on its own motion or on petition by the property owner, after public notice and hearings thereon as provided herein, amend, supplement, change, modify or repeal the regulations and restrictions as established herein and may change, restrict or extend the boundaries of the various districts established herein. Before taking action upon any proposed amendment, modification, change, restriction or extension, the same shall be referred by the Board of Aldermen to the City Planning and Zoning Commission for report and recommendation. The Board of Aldermen is the zoning authority for the city of Auxvasse; therefore, all applications for a zone change will be approved or disapproved by the Board of Aldermen.

1.

Steps to obtain a zone change by petition.

(a)

The applicant discusses his proposal with the building commissioner; in this discussion the opinions expressed by the building commissioner in no way guarantee that a given property will be zoned accordingly. Likewise, any discussion of zoning problems with any member of the city administrative staff is not to be construed as a zoning committee. The final legal decision is made by the Board of Aldermen after receiving a recommendation from the Planning and Zoning Commission.

(b)

Submit to the building commissioner, at least four (4) weeks prior to a regular meeting of the planning and zoning commission, the following:

(1)

An application form, copies of which are available in the building commissioner's office.

(2)

A check in the amount of fifty dollars ($50.00) payable to the City of Auxvasse.

(3)

Accurate legal description of the property for which a zoning change is requested, and where practical the street address.

(4)

An eight and one-half (8 1/2) inch by eleven (11) inch preliminary plat, at the largest scale possible, and twenty (20) copies of same, to contain the following information.

a.

Complete dimensions of property (ies) for which zoning is requested.

b.

Names of all owners of property within one hundred eighty-five (185) feet of the boundary of area(s) to be considered for rezoning.

c.

Present zoning and generalized land used on tract(s) in question and all adjacent tracts.

d.

The size and location of all existing utilities and easements, including storm sewers across the particular tract(s) of land, and indication of how property is to be served if utilities are not available on the tract(s).

e.

All adjacent streets and alleys, including names and width of dedications.

f.

North point, scale and date.

g.

Any other information requested by the city engineer.

(c)

After the city engineer has determined that the application and supporting documents meet all requirements, a public hearing will be set by the city engineer or the planning and zoning commission at their next regular meeting.

(d)

At least fifteen (15) days prior to the public hearing before the commission, the proposed zone change is advertised in a daily newspaper and notice thereof is posted on subject property by the city engineer.

(e)

The applicant and all owners of property within one hundred eighty-five (185) feet of the area to be rezoned are notified by mail of the time and place of the public hearing before the planning and zoning commission.

(f)

At the public hearing, the commission will either make a recommendation to the Board of Aldermen for or against the proposal, or continue the hearing to a future planning and zoning commission meeting.

(g)

The recommendation of the planning and zoning commission is forwarded to the Board of Aldermen at its next regular meeting at which time they shall hold another public hearing on the proposed zone change.

(h)

At the first regular Board of Aldermen meeting after the public hearing, the Board of Aldermen will either approve or disapprove the proposed zone change.

B.

Protest. If a protest against such amendment, change, modification, repeal, restriction or extension shall be presented, duly signed and acknowledged by the owners of ten (10) per cent or more, either 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 be passed except by three-fourths vote of the Board of Aldermen.

C.

Notice of hearing. No action on an amendment, change, modification or repeal of this ordinance shall be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard before both the Planning and Zoning Commission and Board of Aldermen. At least fifteen (15) days' notice of the time and place of each such hearing shall be published in an official paper or a paper of general circulation in the city.

D.

The consequences of failing to convert rezoned property to the rezoned use within nine months of rezoning. In the event that the Board of Aldermen approve a zoning change, the property owner who is the beneficiary of the zoning change shall convert the rezoned property to the use approved by the Board of Aldermen, resulting from such zoning change, within nine months of the date of such zoning change. In the vent that the property owner fails to comply with the provisions of this paragraph XIII (D), the zoning change granted by the Board of Aldermen shall be on no further force or erect and the zoning of such property shall revert to the zoning existing prior to the approval of the zoning change by the Board of Aldermen.