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Bridgeton City Zoning Code

SECTION 410

200 Zoning Changes and Amendments.

[Ord. No. 70-25 §20, 3-18-1970; Ord. No. 84-11, 4-19-1984; Ord. No. 88-62, 11-2-1988]
A. 
The City Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions herein established. Any proposed special use permit, amendment, supplement, change, modification or repeal shall first be submitted to the Planning Commission for hearing and its recommendations and report. Notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the City of Bridgeton at least fifteen (15) days prior to such hearing. If the Planning Commission makes no report within eighty (80) days or such additional period of time as may be agreed to by the Council or the applicant, it shall be considered to have made a report approving the proposed special use permit, amendment, supplement, modification, change or repeal. Upon filing of the recommendations and report by the Commission with respect to any proposed special use permit, amendment, supplement, change, modification or repeal, the City Council shall proceed to hold a public hearing in relation thereto giving at least fifteen (15) days' notice of the date, time and place of such hearing, which notice shall first be published in an official newspaper or a newspaper of general circulation in the City of Bridgeton.
B. 
In case of an adverse report by the Commission on such proposed amendment, supplement, change, modification, repeal or special use permit, such proposal shall not become effective except by the favorable vote of three-fourths (¾) of all members of the City Council. If a protest against such proposed amendment, supplement, change, modification, repeal or special use permit shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposal or within an area determined by lines drawn parallel to one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed or affected by a special use permit, such proposal shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council.
C. 
Before any action shall be taken as provided in this Section, the party or parties proposing or recommending a change in the district regulations or district boundaries or a special use permit shall deposit with the City of Bridgeton fees in accordance with Section 410.220 of this Chapter to cover the approximate cost of the procedure; and under no conditions shall said fee or any part thereof be refunded for failure of said change to be adopted by the City Council. When any applicant for a special use permit or zoning change, amendment, supplement, modification or repeal of either the boundaries or the regulations or restrictions of this Chapter shall have been unsuccessful in obtaining said special permit, zoning change, amendment, supplement, modification or repeal, no similar application for the same change shall be received, processed, filed, heard or studied by an official or any board of the City until six (6) months have elapsed from the date of denial or failure to pass such application.
D. 
No application for special use permit or for change, amendment, supplement, modification or repeal shall be valid under this Section if a similar application shall within six (6) months prior thereto have been unsuccessful.
E. 
In the event the Council shall have voted to deny or refuse any such application for special use permit or change, amendment, supplement, modification or repeal or should the Council fail to pass an ordinance to grant such permit or to change, amend, supplement, modify or repeal this Chapter, the matter inaugurated by said application shall be deemed to have been finally terminated, and the Council shall not vote further thereon at any meeting subsequent to final action by the Council either because of a change of attitude or mind of any Councilperson or for alleged error or mistake of law of fact, but a new application shall be required, including compliance with all of the procedural prerequisites of change or amendment or supplement or modification or repeal of zoning regulations to change, amend, supplement, modify or repeal including the above requirements as to lapse of time before the resubmission of application.