Malden City Zoning Code
ARTICLE XII
Changes And Amendments
Section 400.350 Changes And Amendments.
[Ord. No. 3121, 4-18-2016]
A.
The City Council may, from time to time on its own motion or on petition, amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.
B.
Before taking any action on any proposed amendment, supplement, or change, the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report.
C.
The Planning and Zoning Commission shall hold a public hearing thereon, before submitting recommendations for final action on the motion or petition to amend, supplement, or change the ordinance. Notice of public hearings before the Commission shall be given by publishing the time, place, and nature of the hearing not more than thirty (30) nor less than fifteen (15) days before the hearing at least once in one (1) or more newspapers in general circulation in the municipality. The Commission shall submit their recommendation to the City Council not later than fourteen (14) days after public hearing.
D.
If a proposed amendment be disapproved by the Planning and Zoning Commission, or if written protest against such amendment, supplement, or change had been filed in the office of the City Clerk within fourteen (14) days after the date of the actual hearing pursuant to the publication notice, 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, supplement, or change shall not become effective except by the favorable vote of two-thirds (2/3) of all members of the City Council. A decision by the Council shall be made not later than thirty (30) days after the date of the public hearing.
E.
Whenever a petition requesting an amendment, supplement, or change had been denied by the City Council, such petition, or one substantially similar, shall not be reconsidered sooner than one (1) year after the previous denial.
Section 400.360 Establishment And Amendment Of Building Lines. [1]
[Ord. No. 3121, 4-18-2016]
After the adoption of a major street plan, the City Council, upon recommendation of the Planning and Zoning Commission, is authorized to adopt ordinances to establish, regulate, limit and amend building or setback lines on major streets, and to prohibit any new building being located within building or setback lines. After a plan for proposed major streets or other public improvements has been adopted, the City Council may prohibit any new building being located within the proposed site or right-of-way when the centerline of the proposed street or the limits of the proposed sites have been carefully determined and are accurately delineated on maps approved by the Planning and Zoning Commission and adopted by the City Council.