Amendments To Change Zoning Regulations Or District Boundaries. The City of Duquesne Board of Aldermen from time to time may supplement, change or generally revise the boundaries or regulations contained in zoning regulations by amendment. A proposal for such amendment may be initiated by the Board of Aldermen or the City Planning and Zoning Commission. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the amendment may be initiated by application of the owner of property affected. Applications for special use permits shall be considered by the same procedure as zoning district amendments. Any such amendment, if in accordance with the adopted Comprehensive Plan, shall be presumed to be reasonable.

Public Hearing. All such proposed amendments first shall be submitted to the City Planning and Zoning Commission for recommendation. The Commission shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The public hearing shall be held at the next regular meeting of the City Planning and Zoning Commission for which the application may be scheduled. The City Planning and Zoning Commission shall cause an accurate written summary to be made of the proceedings and shall give notice of the hearing as provided in these regulations.

Notice Of Hearing.

Adoption.

Applications. Any party desiring to amend a zoning district boundary or regulation contained in this Chapter, as to any lot, tract or area of land, shall file with the City Planning and Zoning Commission an application for such amendment. All applications for an amendment shall be accompanied by such data and information as prescribed in these regulations.

Application Fee. A fee in the amount of three hundred twenty-five dollars ($325.00) shall accompany each amendment application. This fee is intended to cover the cost of publication and other costs normally incident to the rezoning process, but not engineering costs as set forth in Subsection (I), below. Said fee shall be deposited with City Planning and Zoning Commission at the time said amendment application is filed.

Findings. In order to recommend, approve or disapprove a proposed zoning district amendment, the City Planning and Zoning Commission shall make findings to determine whether the application is found to be compatible with the following:

Protest Of An Amendment By Petition Of Property Owners. Regardless of whether or not the City Planning and Zoning Commission approves or disapproves a zoning amendment, if a protest against such amendment is filed after the conclusion of the public hearing in the office of the City Clerk, duly signed 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 petition shall be presented to the Board of Aldermen at the time the City Planning and Zoning Commission recommendation is acted upon; and further, 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.

Reimbursement Of City's Actual Engineering Expenses. In addition to all other fees set forth in this Section, the applicant shall be responsible for reimbursing the City for any actual expenses, not including the cost of publication and other costs normally incident to the rezoning process, incurred by the City which are necessary to the City's zoning amendment procedure. Such fees may include, but are not limited to, engineering and other associated fees incurred by the City in connection with the City's review of the application, stormwater control issues and other necessary expenses reasonably incurred by the City. The City Clerk shall provide notification in writing to the applicant within ten (10) days of the City's receipt of any such expense incurred by the City unless, for good cause, a longer period for such notification is necessary. Such notification shall be reasonably detailed. No zoning amendment shall be granted until all such fees have either been paid or, alternatively, satisfactory arrangements have been made for payment.

Applicant's Presence At Scheduled Public Hearings Required. Any person desiring to amend a zoning district boundary or regulation contained in this Chapter shall be present, either in person or by duly appointed representative, at all public hearings required by this Chapter. Neither the Planning and Zoning Commission nor the Board of Aldermen shall act favorably upon any such amendment if such person or representative fails to be present as herein required.