Manchester City Zoning Code
ARTICLE XVII
Changes and Amendments
Section 405.750 Initiation of Change.
[Ord. No. 99-1145 Art. 11 §1, 9-20-1999]
The Board of Aldermen may, from time to time, amend, supplement or change, by ordinance, the boundaries of the districts or the regulations herein established. Any such amendment may be initiated by resolution of the Board of Aldermen, or by motion of the Planning and Zoning Commission, or by petition of any property owner or owners under contract or their representative addressed to the Board of Aldermen. Petitions for change or amendment shall be on forms and filed in a manner prescribed by the City.
Section 405.755 Notice of Application For Change.
Whenever the Commission considers an application for rezoning of a parcel of property or for a special use permit, notice of such application shall be given, by letter, to all property owners within one hundred eighty-five (185) feet distant from the parcel being considered for rezoning or for a special use permit. The names of such owners shall be provided the City by the applicant. Such letter shall inform such property owners of the receipt of such application, the date, time and place of the first (1st) meeting of the Commission at which such application will be considered, and that such property owners are welcomed to attend and observe such meeting of the Commission. Participation at such meeting by such property owners shall remain within the discretion of the Chairperson of the Commission presiding over such meeting. The purpose of such notice shall not be to call a public hearing on the application (as such a public hearing is required before the Board of Aldermen prior to its consideration of such application for rezoning) but, rather, to allow such property owners to be advised of the receipt of such application and to be informed of the basis for and factors involved in such application.
Section 405.760 Report From Planning and Zoning Commission.
[Ord. No. 99-1145 Art. 11 §2, 9-20-1999;Ord. No. 18-2247, 1-21-2019]
Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. If the Commission makes no report within ninety (90) days from the date of the first meeting in which such matter is upon its agenda, the Board of Aldermen upon an affirmative vote of a majority of the Board after making a determination that there is no just cause for the Commission's delay, may remove the matter from the Commission's jurisdiction with no report. Nothing herein, however, shall prevent an applicant and the Commission from agreeing to have an application postponed to a Commission agenda beyond the above-referenced ninety-day period.
Section 405.770 Action By The Board of Aldermen.
[Ord. No. 99-1145 Art. 11 §3, 9-20-1999]
A.
Upon the filing of the recommendations and report by the 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 Manchester. Where an amendment, supplement or change of the boundaries of the districts or the regulations herein established is proposed and is adjacent to residential property, notice shall be given to all property owners within one hundred eighty-five (185) feet distant from the parcel being considered. The applicant shall supply the City with the names and addresses of all persons to receive notice pursuant to the provisions hereof. If, however, the Board of Aldermen were to propose the amendment, supplement or change, then the City is to provide the names and addresses of the properties to receive notice pursuant to the provisions hereof. Failure of any property owner to receive notices hereunder shall not affect the proceedings hereunder unless the Board of Aldermen shall determine that the failure to receive the notice was caused by willful action.
B.
In case of an adverse report by the Commission, the Commission shall forward to the Board of Aldermen its separate written report stating the reasons for such adverse report and the reasons for its recommended denial of the application for rezoning.
C.
In case of an adverse report by the Commission, or if a protest against such amendment, supplement, change, modification or repeal shall be presented in writing, 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 amendment, supplement, change, modification or repeal 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.
Section 405.780 Fee.
[Ord. No. 99-1145 Art. 11 §4, 9-20-1999]
Before any action shall be taken as provided in this Article, the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Administrator the sum of three hundred dollars ($300.00) to cover the approximate cost of this proceeding, and under no conditions shall said sum or any part thereof be refunded for failure of said change to be adopted by the Board of Aldermen.