Higginsville City Zoning Code
ARTICLE XIV
Amendments
Section 410.855 General.
[R.O. 2009 §410.855; Ord. No. 2040 §14-1, 9-15-2003]
A.
The Board of Aldermen may, by ordinance, amend these regulations and the district boundaries. No such amendment shall be adopted by the Board of Aldermen until a public hearing has been held and the Planning Commission has submitted its recommendations.
1.
Proposal of amendments. Amendments may be initiated by the Board of Aldermen, the Planning Commission or upon application by the owners of the property affected.
2.
Applications. When the owner of the property affected initiates an amendment to the regulations or the district boundaries, an application for such amendment shall be filed with the Zoning Administrator so that a public hearing date can be established. For the purpose of wholly or partially defraying the costs of the amendment proceedings, a fee (as indicated in Appendix A to this Chapter) shall be paid upon the filing of each application for a change of district boundaries or classification.
Section 410.860 Planning Commission.
[R.O. 2009 §410.860; Ord. No. 2040 §14-2, 9-15-2003]
A.
Public Hearing. The Planning Commission shall hold a public hearing on each proposed amendment that is referred to, filed with or initiated by it. The Planning Commission shall select a reasonable hour and place for such public hearing, and it shall hold such hearing within sixty (60) days from the date on which the proposed amendment is referred to, filed with or initiated by it. An applicant for an amendment may waive the requirement that such hearing be held within sixty (60) days.
B.
Notice Of Hearing. Public notice of a hearing on a proposed amendment shall be published in a newspaper having general circulation in the City, and at least fifteen (15) days shall elapse between the date of publication and the date set for such hearing. Such notice shall state the date, time and place of the hearing and shall contain a statement regarding the proposed change in regulations or restrictions, or the zoning classification of any property, or the boundaries of any zoning district. Such notice shall contain the legal description and street address or general street location of such property, or the boundaries of any zoning district, its present zoning classification and the proposed classification. When a proposed amendment will affect the zoning classification of a specific property, the City shall mail a written notice of the public hearing thereon, containing the same information as the published notice thereof, to the owner or owners of the property affected and to the owners of all property within one hundred eighty-five (185) feet of the boundaries thereof at least fifteen (15) days prior to the date of such hearing. The Planning Commission may give such additional notice to other persons as it may provide by its rules.
C.
Conduct Of Hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Planning Commission may prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The Planning Commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the offices of the Planning Commission at least three (3) days before the date set for the public hearing.
D.
Recommendations. Upon the conclusion of the public hearing, the Planning Commission shall prepare and adopt its recommendations in the form of a proposed zoning ordinance and shall submit the same, together with a record of the hearing thereon, to the Board of Aldermen. Recommendations may be for approval, disapproval or approval in part, and reasons for the recommendation shall be included.
Section 410.870 Matters To Be Considered For Zoning District Amendments.
[R.O. 2009 §410.870; Ord. No. 2040 §14-3, 9-15-2003]
A.
In order to recommend approval or disapproval of a proposed zoning district amendment, the Planning Commission shall consider the following matters:
1.
Character of the neighborhood.
2.
Consistency with the Comprehensive Plan and ordinances of the City of Higginsville.
3.
Adequacy of public utilities and other needed public services.
4.
Suitability of the uses to which the property has been restricted under its existing zoning.
5.
Compatibility of the proposed district classification with nearby properties.
6.
The extent to which the zoning amendment may detrimentally affect nearby property.
7.
Whether the proposed amendment provides a disproportionately great loss to the individual land owners nearby relative to the public gain.
Section 410.880 Amendments To Text.
[R.O. 2009 §410.880; Ord. No. 2040 §14-4, 9-15-2003]
A.
When a proposed amendment would result in a change in the text of these regulations, but would not result in a change of zoning classification of any specific property, the recommendation of the Planning Commission shall contain a statement as to the nature and effect of such proposed amendment and determination as to the following items:
1.
Whether such change is consistent with the intent and purpose of these regulations;
2.
The areas which are most likely to be directly affected by such change and in what way they will be affected; and
3.
Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and zoning districts affected or in the area of jurisdiction of such changed or changing conditions.
Section 410.890 Protest.
[R.O. 2009 §410.890; Ord. No. 2040 §14-5, 9-15-2003]
If a written protest against a proposed amendment shall be filed in the office of the Zoning Administrator within fourteen (14) days after the date of the conclusion of the Planning Commission hearing on a proposed amendment, which protest is duly signed and acknowledged 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 amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen. The Zoning Administrator shall review the petition of protest to determine whether or not the petition of protest meets all of the above requirements. If a petition of protest meets all of the above requirements, the Zoning Administrator shall submit the valid petition of protest to the Board of Aldermen.
Section 410.900 Board of Aldermen.
[R.O. 2009 §410.900; Ord. No. 2040 §14-6, 9-15-2003; Ord. No. 2095 §1, 12-6-2004]
A.
Zoning District Amendment (Rezoning). After review of the zoning district amendment and the Planning Commission's recommendation(s), the Board of Aldermen shall make a motion to either approve, approve with conditions or deny the rezoning.
B.
Amendments To Text. The Board of Aldermen shall consider the Planning Commission's recommendation and may either approve the recommendation; override the Planning Commission's recommendation by a two-thirds (2/3) majority vote of all Board members; or return the proposed amendment to the Planning Commission for reconsideration, as prescribed in the adopted zoning or subdivision regulations. If received for reconsideration, the Planning Commission shall consider the Board of Aldermen's reasons for failure to approve or disapprove and may resubmit its original recommendation or a revised recommendation. Upon receipt of the recommendation, the Board of Aldermen may approve or disapprove the proposed zoning or subdivision text amendment.