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Montgomery City Zoning Code

ARTICLE IV.

AMENDMENT

Sec. 1. - Procedure generally.

The regulations and number, area and boundaries of districts established by this ordinance may be amended, supplemented, changed, modified or repealed by the board of commissioners, but no amendment shall become effective unless it is first submitted to the city planning commission for its recommendation. The city planning commission upon its own initiative may hold public hearings, public notice of which shall be given, for the consideration of any proposed amendment to the provisions of this ordinance or to the zoning map of Montgomery and report its recommendations to the board of commissioners. The provisions of section 779 of Title 37 of the 1940 Code of Alabama [now Code of Ala. 1975, § 11-52-78], as the same may be amended, shall apply to all changes and amendments.

Sec. 2. - Applications; fees; notices.

(a)

Text amendments. All proposed amendments submitted to the planning commission involving a text change to the zoning ordinance shall include a written statement giving the reasons for the proposed change; and, in the case of additions to or changes in the existing wording, the suggested wording of the amendment in the style and format of the existing ordinance. All applications for such amendment shall be accompanied by a check made payable to the City of Montgomery, Alabama, or cash in the amount of $50.00 to defray the cost of processing.

(b)

Map amendments. All proposed amendments involving a change to the zoning map of City of Montgomery submitted to the planning commission for consideration shall be accompanied by a legal description of the property in question and a current plan of the land area made by a registered civil engineer or land surveyor. This plat shall show the current zoning district classification of the subject land area and all abutting properties. In addition the proposed amendment shall be accompanied by a check payable to the City of Montgomery, or cash in an amount according to the following schedule:

Base fee (required of all applications regardless of the amount of land area involved) .....$75.00

Additional fee for each acre or portion thereof, more than ten and up to and including 100, per acre .....1.00

For each acre or portion thereof, more than 100, per acre .....0.50

(c)

Publication of legal notice. When a request requires publication of a legal notice, the planning controls division shall prepare the required notice and submit to the appropriate newspaper for publication. The cost of such publication shall be billed directly to the applicant by the newspaper in which the notice appears. Payment of the above fees is not required of employees or agents of the City of Montgomery submitting proposed amendments in the course of performance of official duties.

(d)

Posting of notice. When posting of notice is required on the property in question, such posting shall be accomplished by the department of planning and development. Signs shall be posted on the property in the following manner:

(1)

At 150-foot intervals along the street frontage of the property;

(2)

With a minimum of one sign for each side of the property with street frontage;

(3)

At those points determined by the department of planning and development to be necessary, if not required in (1) or (2) above;

(4)

Such signs shall be posted at least 15 days prior to the date of the hearing at which the property in question is to be acted upon.

(e)

Notification of adjoining property owners. The planning controls division shall, in the case of proposed map amendments, mail notice of public hearing before the planning commission meeting to all adjoining property owners, as their names are shown on county tax records. Such notice shall be mailed at least 15 days prior to the hearing to the address as shown on the county tax records.

(Ord. No. 31-73; Ord. No. 69-83, § 1, 9-27-1983)