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Germantown City Zoning Code

CHAPTER 1141

Amendments

1141.01 INTENT.

   Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Municipal Council may by Ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property.
(Ord. 00-30. Passed 6-5-2000.)

1141.02 INITIATION OF ZONING AMENDMENTS.

   Amendments to this Zoning Code may be initiated in one of the following ways:
   (a)   By the adoption of a motion by the Planning Commission.
   (b)   By the adoption of a motion by Municipal Council referring any amendment to Planning Commission for recommendation.
   (c)   By the filing of an application by the owner of the affected property.
      (Ord. 00-30. Passed 6-5-2000.)

1141.03 CONTENTS OF APPLICATION FOR ZONING MAP AMENDMENT.

   Applications for amendments to the Official Zoning Map adopted as part of this Zoning Code shall contain at least the following information:
   (a)   The name, address, and phone number of the applicant.
   (b)   Present use.
   (c)   Present zoning district.
   (d)   Anticipated use.
   (e)   Proposed zoning district.
   (f)   A vicinity map at a scale approved by the Municipal Manager showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Municipal Manager may require.
   (g)   A statement of the reason(s) for the proposed amendment.
   (h)   A list of all property owners and their mailing addresses, as appearing on the Montgomery County Auditor's current tax list, who are within 200 feet of the parcel or parcels proposed to be rezoned.
   (i)   A statement on the ways in which the proposed amendment relates to the Joint Economic Development Plan.
   (j)   A fee as established by the Zoning Code. (See Section 1145.08 Schedule of Fees.)
      (Ord. 00-30. Passed 6-5-2000.)

1141.04 CONTENTS OF APPLICATION FOR ZONING TEXT AMENDMENT.

   Applications for amendments proposing to change, supplement, amend, or repeal any portion(s) of this Zoning Code, other than the Official Zoning Map, shall contain at least the following information:
   (a)   The name, address, and phone number of the applicant.
   (b)   The proposed amendment, approved as to form by the Municipal Law Director.
   (c)   A statement of the reason(s) for the proposed amendment.
   (d)   A statement explaining the ways in which the proposed amendment relates to the comprehensive plan.
   (e)   A fee as established by the Municipal Council.
      (Ord. 00-30. Passed 6-5-2000.)

1141.05 RECOMMENDATION BY PLANNING COMMISSION.

   Within 60 days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to the Municipal Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based, including the basis for their determination that the proposed amendment is or is not consistent with the Joint Economic Development Plan.
(Ord. 00-30. Passed 6-5-2000.)

1141.06 PUBLIC HEARING BY MUNICIPAL COUNCIL.

   Upon receipt of the recommendation from the Planning Commission, Municipal Council shall schedule a public hearing. Said hearing shall be not more than 60 days from the receipt of the recommendation from the Planning Commission.
(Ord. 00-30. Passed 6-5-2000.)

1141.07 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Notice of the public hearing shall be given by Municipal Council by at least one publication in one or more newspapers of general circulation in the Municipality. Said notice shall be published at least 30 days before the date of the hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 00-30. Passed 6-5-2000.)

1141.08 NOTICE TO PARTIES OF INTEREST.

   Written notice of the hearing shall be mailed by the Clerk of Council, by first-class mail, at least 15 days before the day of the public hearing to all owners of property within 200 feet of such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the Montgomery County Auditor's current tax list. The failure to deliver the notification as provided in this Section shall not invalidate any such amendment. The notice shall contain the same information as required in Section 1141.07 Notice of Public Hearing in Newspaper.

1141.09 ACTION BY MUNICIPAL COUNCIL.

   Within 30 days after the public hearing required, the Municipal Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event the Municipal Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than 3/4 of the full membership of Municipal Council.
(Ord. 00-30. Passed 6-5-2000.)