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Clarksdale City Zoning Code

ARTICLE XII

- AMENDMENTS

[Sec. 1200.] - Declaration of policy.

1.

For the purpose of establishing and maintaining sound, stable and desirable development within the City of Clarksdale, Mississippi, this regulation, and as here used the term "regulation" shall be deemed to include the Zoning Map shall not be amended except to correct a manifest error in the regulation, or because of changed or changing conditions in a particular area. Amendments shall be limited strictly to those necessary to the promotion of public health, safety or general welfare. Subject to the above limitations, an amendment to this regulation may be initiated by the Board of Mayor and Commissioners, the Planning Commission, or by any person, firm or corporation filing application therefor.

2.

No amendment to this regulation shall be adopted whereby the regulations and restrictions so established are not uniform for each district having the same zoning classification and bearing the same symbol or designation on the Zoning Map. No amendment to this regulation shall be adopted which establishes a new zone, regardless of size, which permits uses not compatible with the uses of said zones or which violates the purpose and intent of this regulation.

[Sec. 1201.] - Procedure.

1.

No amendment to this regulation shall be adopted until the proposed amendment has been examined by the Planning Commission and a recommendation from the Planning Commission has been received by the Board of Mayor and Commissioners. The Board of Mayor and Commissioners shall have the authority to hear and approve amendments to the Zoning Map for land which is physically located within the corporate limits of the City of Clarksdale.

2.

No amendment to this regulation shall become effective until after a public hearing in relation thereto has been held by the Board of Mayor and Commissioners. Notice of the time and place of such hearing shall be published at least once in a newspaper of general circulation in the City at least fifteen (15) days prior to such hearing. Said notice shall read generally as follows:

PUBLIC NOTICE. Pursuant to the order of the Board of Mayor and Commissioners, notice is hereby given to all persons interested in or in any way affected thereby that has filed an application with the undersigned to have rezoned the following described property from (zone) to (zone) (map of property and surrounding area) (or legal or other description of the property in question) Said application will be heard by the Board of Mayor and Commissioners, at , 20 , at which time all parties interested in or affected thereby will be heard. Any objection thereto may be made by any person and if made in writing must be filed with the undersigned before said time of hearing.

This the ____day of ____, 20___ Zoning Administrator

3.

Any area for which an application for a change in zoning classification is being considered shall be posted for at least fifteen (15) days prior to the hearing. Such posting shall be by means of a sign or signs erected in a conspicuous location on the property, using at least one sign for every two hundred (200) feet of frontage on each street upon which the property abuts. The sign shall be at least two (2) feet by three (3) feet in size, with the lower edge of the sign at least three (3) feet above ground level, in letters legible from the nearest street as follows: PUBLIC NOTICE This property is being considered for rezoning. For further information contact the Zoning Administrator, City Hall, 121 Sunflower Avenue, Clarksdale, Mississippi, (662-621-8142).

4.

In the event of written protest against such amendment signed by twenty (20) per cent or more of the owners of property either within the area to be rezoned, or within one hundred sixty (160) feet there from, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Mayor and Commissioners.

[Sec. 1202.] - Applications.

1.

All applications for amendments to this Ordinance shall be filed with the zoning administrator ten (10) days prior to the next regular monthly Planning Commission meeting and shall contain the following information:

a.

The applicant's name, address and telephone number;

b.

a description of the proposed amendment and, if the amendment involves the Zoning Map;

c.

a map showing the land area to be included in the rezoning; the present zoning area, and the location of all streets, alleys, and rights-of-way bounding and/or intersecting the area and abutting properties; or the error in the Ordinance, if any, that would be corrected by the proposed amendment or the changing conditions in the area or in the municipality which would make the proposed amendment reasonably necessary for the promotion of the public health, safety, or general welfare.

2.

Upon receipt of an application for an amendment, properly made as herein set forth, the zoning administrator shall transmit copies of the application to the Planning Commission for consideration. Upon receipt of the application, the Planning Commission shall consider the proposed amendment and forward written notice of its findings and recommendations to the Board of Mayor and Commissioners. Upon receipt of the application, the Board of Mayor and Commissioners shall set the time, date and place for the public hearing and order that such notice be published and signs erected.

3.

At the time of filing either an application for rezoning or an application for amendment to the text of the zoning regulation, there shall be paid to the zoning administrator according to a schedule of fees established by the Mayor and Board of Commissioners. Such filing fee is not refundable to the applicant.

4.

If such amendments are made either to the text of this regulation or to the Zoning Map, the text of this regulation shall promptly reflect such amendment or the Zoning Map shall be promptly amended. Amendments to the Zoning Map shall contain an entry on the map stating the date of the amendment, the nature of the amendment, and the signature of the Mayor. Such amendments shall not become effective until they have been entered in the text of the regulation or upon the Zoning Map.

5.

Regardless of the existence of purported copies of the Zoning Map which may from time to time be made or published, the Zoning Map which shall be located in the zoning administrator's office shall be the final authority to the current zoning of land within the City and County.

SO ORDAINED, PASSED, ORDERED AND APPROVED on this, the 27 th day of September, 2010.

CITY OF CLARKSDALE, MISSISSIPPI

By:_________________________________

HENRY W. ESPY

Mayor

ATTEST:

_________________________________

CATHY CLARK

City Clerk

(S E A L)