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Fort Payne City Zoning Code

ARTICLE X

- AMENDMENTS

Sec. 44-708.- Initiation of amendments.

This chapter, including the zoning map, may be amended only by the city council. Proposed changes or amendments may be initiated and proposed to the planning commission by the city council, planning commission, board of adjustment, or by one or more owners of property within the area proposed to be changed or affected.

(Ord. of 4-15-2008, § 11-1)

Sec. 44-709. - Application.

(a)

An application for any amendment shall be filed with the secretary of the planning commission on forms provided by the secretary and shall be accompanied by:

(1)

A nonrefundable application fee of $250.00, which shall be paid by the applicant at the time an application is made to the planning commission. In addition, a nonrefundable fee of $25.00 per adjoining property owner to be notified, and the estimated total legal publication costs of the proposed amendment, shall be paid by the applicant at the time such application is made to the planning commission. Any excess estimated publication costs over the actual cost of publication shall be refunded to the applicant.

(2)

A vicinity map showing location of the site in relation to the surrounding area and zoning of the site and adjacent property.

(3)

A legal description of the property to be zoned.

(4)

A site plan, drawn to scale, showing the dimensions of the property, access to a public street, existing buildings and proposed buildings if applicable.

(5)

Any supplemental information which will assist the commission in reviewing the zoning amendment.

(b)

Such application shall be filed with the secretary of the planning commission not later than ten days prior to the commission's meeting at which the application is to be considered.

(Ord. of 4-15-2008, § 11-2)

Sec. 44-710. - Action by city council.

(a)

Notice of public hearing. No amendment to this chapter, including the zoning map, shall be adopted by the city council until after public notice and hearing. Notice of public hearing and proposed ordinance shall be published in a newspaper of general circulation in the city at least once a week for two consecutive weeks, 15 days prior to the hearing.

(b)

Planning commission action. Before taking such action as it may deem advisable, the city council shall consider the planning commission's recommendations on each proposed zoning amendment.

(c)

Reconsideration. When a zoning amendment is denied by the city council, the amendment shall not be reconsidered by the city for a period on one year from the date of denial by the city council.

(Ord. of 4-15-2008, § 11-3)