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Hayti City Zoning Code

ARTICLE XI

Amendments and Changes

Section 405.350 Amendments and Changes.

[CC 1987 §705.180; Ord. No. 554 Art. 20, 1976]
A. 
The Board of Aldermen may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the City Planning Commission for its recommendations and report. If the City Planning Commission make no report within thirty (30) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. Upon the filing of the recommendations and report by the City Planning Commission with respect to any proposed amendment, supplement, change, modification or repeal, the Board of Aldermen shall proceed to hold a public hearing in relation thereto giving at least fifteen (15) days' notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City of Hayti.
B. 
Whenever the Commission adopts the plan of the City or any part thereof, no street or other public facilities, or no public utility, whether publicly or privately owned, and, the location, extent and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the City until the location, extent and character thereof has been submitted to and approved by the Planning and Zoning Commission. In case of disapproval the Commission shall communicate its reasons to the Board, and the Board, by vote of not less than two-thirds (2/3) of its entire membership, may overrule the disapproval and, upon the overruling, the Board or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the Board, then the submission to the Planning and Zoning Commission shall be by the Board having jurisdiction, and the Planning and Zoning Commission's disapproval may be overruled by that Board by a vote of not less than two-thirds (2/3) of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.
C. 
All petitions desiring a change, amendment or supplement of the established zoning districts of the City and regulations connected therewith shall be filed with the City Clerk by the person requesting such action and such petition shall contain the street address of the petitioner, the lot number of any real estate owned by him/her adjacent to the area proposed to be changed and shall also contain an accurate legal description of the district or parts of districts proposed to be so altered. Such petition shall also recite facts indicating that the proposed change will not be detrimental but be beneficial to the general public interest and the purposes of this Chapter and shall further disclose the purpose for which such property is sought to be used.
D. 
A petition for a change in the regulations or districts herein subsequently established shall be filed with the City Clerk in duplicate. A fee of fifty dollars ($50.00) shall be paid at the time of filing to cover the cost of publication of notice of hearing on said petition and other costs incidental to such hearing.