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Dayton City Zoning Code

CHAPTER 17

64.- AMENDMENTS

17.64.010.- Authorization.

The town council may from time to time, on its own motion, recommendation of the planning committee, or on a petition from a property owner, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions established in this title. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the town planning committee for recommendation and report. The planning committee shall, within 45 days after receiving the proposed amendment recommend to the town council approval, disapproval or modification of the proposed amendment. Prior to the submittal of the recommendation to the town council, the planning committee shall hold a public hearing in relation to the proposed amendment, supplement, change, modification or repeal, giving at least 30 days' notice of the time and place of each hearing, which notice shall be given in the manner prescribed in section 17.64.030 of this chapter.

(Ord. No. 214 § 4-101, 1984)

17.64.020. - Application and fees.

An application for amendment by property owner or his authorized agent shall be filed with the town clerk no less than 45 days prior to the hearing at which a proposal is to be considered by the planning committee. The application shall be accompanied by a fee as prescribed below and by a certified listing of the names and addresses of property owners as prescribed in subsection 17.60.070(d) of this title:

(a)

R-1, R-2, R-3, $20.00.

(b)

B-1, $30.00.

(c)

M-1, $35.00.

(Ord. No. 214 § 4-102, 1984)

17.64.030. - Public hearing.

Before making a recommendation on a proposed amendment to the town council, the planning committee shall hold a public hearing as prescribed in this section:

(a)

Notice of hearing: Notice of time and place of public hearing before the town planning committee and the purpose of the proposed amendment shall be given by the town clerk in the following manner:

(1)

A notice shall be given by one publication in a newspaper of general circulation in the town not less than 20 days prior to the date of the hearing; and by mailing written notice not less than ten days prior to the date of hearing to owners of property, within an area enclosed by lines parallel to 140 feet from the exterior boundaries of the property involved, using for this purpose the names and addresses of owners as shown upon the records of the county assessor. Where all property so located is under the same ownership, owners of the property abutting that of the same ownership shall be notified in the manner as provided in this section.

(2)

Failure to send notice to a person to receive the notice shall not invalidate any proceedings in connection with the proposed zone change.

(b)

Recess of hearing: The town planning committee may recess a hearing as it deems appropriate. Upon recessing a hearing, the planning committee shall announce the time, date and place the hearings will be resumed.

(Ord. No. 214 § 4-103, 1984)

17.64.040. - Approval.

Within 30 days after receiving a recommendation on a proposed amendment from the town planning committee, the town council shall hold a public hearing and approve or disapprove the proposed amendment. The public hearing shall be as provided by W.S. § 15.1-89.

(Ord. No. 214 § 4-104, 1984)

17.64.050. - Protest.

If there is a protest against the change signed by the owners of 20 percent or more of the area of the lots included in the proposed change, or those immediately adjacent within a distance of 140 feet, the amendment does not become effective except upon the affirmative vote of three-fourths of all members of the governing body. In determining the 140 feet, the width of any intervening street or alley shall be included.

(Ord. No. 214 § 4-105, 1984)

17.64.060. - Records required.

The town clerk shall maintain a record of amendment to the text and map of this title in a form convenient for the use of the public.

(Ord. No. 214 § 4-106, 1984)