Hampstead City Zoning Code
ARTICLE XXXIV
Amendments
§ 135-282 Petition; hearing.
[Amended 6-10-2003 by Ord. No. 369]
These regulations, restrictions and provisions and the boundaries of the districts may from time to time be amended, supplemented, changed, modified or repealed by the Mayor and Council. Any person or officer, department, board, Commission or bureau of the Town may petition for such change or amendment; however, no such change or amendment shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.
§ 135-283 Referral to Planning Commission.
The Mayor and Council shall refer all proposed changes and amendments to these regulations or proposed changes in a zoning district to the Commission for report and recommendations.
§ 135-284 Factors to be considered by Mayor and Council.
Before acting upon proposed changes and amendments to these regulations or changes in the zoning district boundary lines, the Mayor and Council shall consider the following:
B.
The report and recommendations of the Commission.
C.
Whether there have been any substantial changes in or near the area covered by a proposed change in the district boundary lines.
D.
Any new phases of the Master Plan for the Town of Hampstead developed since the adoption of these regulations.
E.
Whether it is clearly evident that there was an error or mistake in the zoning of the subject property.
F.
Whether there has been a convincing demonstration that the proposed rezoning would have been fully as appropriate and logical for the subject property as was the zone in which it was placed.
§ 135-285 Duties of Planning Commission.
The Commission shall study zoning, its development, application and relation to public and private development and its relation to other phases of the Master Plan for the development and may, from time to time, submit amendments to these regulations or changes in the district boundaries to the Mayor and Council. However, no such amendment or change shall become effective until approved by the Mayor and Council, as required by this article.[1]
[1]
Editor's Note: Former § 135-172, Vote required for adoption, which previously followed this section, was repealed 3-15-1993 by Ord. No. 254.
§ 135-287 Reconsideration of defeated proposals.
If a petition for a change in a zoning district boundary is disapproved by the Mayor and Council thereafter, the Mayor and Council shall take no further action on another petition for the same or substantially the same proposal on the same premises until after 12 months from the date of the last disapproval.
§ 135-288 Scale drawing to accompany applications for map changes.
Every application for a change in zoning of district boundaries shall be accompanied by a scale drawing, showing the existing and proposed boundaries and such other information as may be needed to properly locate and plat the amendment on the Official Zoning Map.
§ 135-289 Filing fee.
[Amended 11-14-1995 by Ord. No. 283]
A nonrefundable filing fee of $125, plus $10 for each additional acre above 10 acres, shall accompany any application for change of zoning. Costs of building and/or hearing room rental, court reporter and any transcription as determined necessary by the Zoning Administrator in hearing and/or in considering the application or petition must be paid by the petitioner, and as part of the application, the petitioner will be required to sign a contract agreeing to pay these costs.