Mt Vernon City Zoning Code
ARTICLE XII
Amendments
Section 405.770 Amendments To Change Zoning Regulations Or District Boundaries.
[R.O. 2004 § 405.770; Ord. No. 2.56 § 2(Art. 15 § 1), 1-9-2001]
The Board of Aldermen, from time to time, may supplement, change or generally revise the boundaries or regulations contained in zoning regulations by amendment. A proposal for such amendment may be initiated by the Board of Aldermen or the Planning and Zoning Commission. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the amendment may be initiated by application of the owner of property affected. Applications for conditional use permits shall be considered by the same procedure as zoning district amendments. Any such amendment, if in accordance with the adopted Comprehensive Plan, shall be presumed to be reasonable.
Section 405.775 Public Hearing.
[R.O. 2004 § 405.775; Ord. No. 2.56 § 2(Art. 15 § 2), 1-9-2001]
All such proposed amendments first shall be submitted to the Planning and Zoning Commission for recommendation. The Planning and Zoning Commission shall hold a public hearing thereon at its next regular meeting for which the application may be scheduled, shall cause an accurate written summary to be made of the proceedings and shall give notice in like manner as that required for recommendations on the original proposed zoning regulations. Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration.
Section 405.780 Public Notice.
[R.O. 2004 § 405.780; Ord. No. 2.56 § 2(Art. 15 § 3), 1-9-2001]
In addition to such publication notice, written notice of such proposed amendment shall be mailed at least fifteen (15) days before the hearing to all owners of record of lands located within at least one hundred eighty-five (185) feet of the area proposed to be altered. All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning and Zoning Commission or the Board of Aldermen. Such notice is sufficient to permit the Planning and Zoning Commission to recommend amendments to zoning regulations which affect only a portion of the land described in the notice or which give all or any part of the land described a zoning classification of lesser change than that set forth in the notice. At any public hearing held to consider a proposed rezoning, an opportunity shall be granted to interested parties to be heard.
Section 405.785 Adoption.
[R.O. 2004 § 405.785; Ord. No. 2.56 § 2(Art. 15 § 4), 1-9-2001]
A.
The procedure for the consideration and adoption of a recommendation to amend zoning district boundaries shall be in the same manner as that required for the consideration and adoption of the original zoning regulations. A majority of a quorum of the Planning and Zoning Commission at the hearing shall be required to recommend approval or denial of the amendment to the Board of Aldermen. If the Planning and Zoning Commission fails to make a recommendation on a rezoning request, the Planning and Zoning Commission shall be deemed to have made a recommendation of disapproval. When the Planning and Zoning Commission submits a recommendation of approval or disapproval of such amendment and the reasons therefor, the Board of Aldermen may:
1.
Adopt such recommendation by ordinance;
2.
Override the Planning and Zoning Commission's recommendation by a two-thirds vote of the membership of the Board of Aldermen; or
3.
Return such recommendation to the Planning and Zoning Commission with a statement specifying the basis for the Board of Aldermen's failure to approve or disapprove.
B.
If the Board of Aldermen returns the Planning and Zoning Commission's recommendation, the Planning and Zoning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Upon the receipt of such recommendation, the Board of Aldermen, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by the respective ordinance or it need take no further action thereon. If the Planning and Zoning Commission fails to deliver its recommendation to the Board of Aldermen following the Planning and Zoning Commission's next regular meeting after receipt of the Board of Aldermen's report, the Board of Aldermen shall consider such course of inaction on the part of the Planning and Zoning Commission as a resubmission of the original recommendation and proceed accordingly. The proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution.
Section 405.790 Applications.
[R.O. 2004 § 405.790; Ord. No. 2.56 § 2(Art. 15 § 5), 1-9-2001]
Any party desiring any change in zoning district boundaries or regulations contained in this zoning ordinance, as to any lot, tract or area of land, shall file with the Zoning Administrator an application and such application shall be accompanied by such data and information as prescribed in these regulations.
Section 405.795 Filing Deposit And Fee.
[R.O. 2004 § 405.795; Ord. No. 2.56 § 2(Art. 15 § 6), 1-9-2001]
An application fee and filing deposit in amounts as established by the Board of Aldermen shall accompany each application filed with the City. Promptly upon the filing of any such application, the Zoning Administrator shall refer the application to the Planning and Zoning Commission agenda for study and recommendation and shall submit a report to the Board of Aldermen concerning the nature of the application and that said application has been referred to the Planning and Zoning Commission.
Section 405.800 Comprehensive Plan.
[R.O. 2004 § 405.800; Ord. No. 2.56 § 2(Art. 15 § 7), 1-9-2001]
A.
Upon the adoption or amendment of any such plan or part thereof by adoption of the appropriate resolution by the Planning and Zoning Commission, a certified copy of the plan or part thereof, together with a written summary of the hearing thereon, shall be submitted to the Board of Aldermen. No Comprehensive Plan shall be effective unless approved by the Board of Aldermen.
B.
An attested copy of the Comprehensive Plan and any amendments thereto shall be sent to all other taxing subdivisions in the planning area which request a copy of such plan.
Section 405.805 Matters To Be Considered For Zoning District Amendments.
[R.O. 2004 § 405.805; Ord. No. 2.56 § 2(Art. 15 § 8), 1-9-2001]
A.
In order to recommend approval or disapproval of a proposed zoning district amendment, the Planning and Zoning Commission shall consider the following matters:
1.
Character of the neighborhood.
2.
Consistency with the Comprehensive Plan and ordinances of the City of Mount Vernon.
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 405.810 Amendments To Text.
[R.O. 2004 § 405.810; Ord. No. 2.56 § 2(Art. 15 § 9), 1-9-2001]
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 and Zoning 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 405.815 Protest.
[R.O. 2004 § 405.815; Ord. No. 2.56 § 2(Art. 15 § 10), 1-9-2001]
Regardless of whether or not the Planning and Zoning Commission approves or disapproves a zoning amendment, if a protest against such amendment is filed in the office of the City Clerk within fourteen (14) days after the date of the conclusion of the public hearing pursuant to said publication notice, signed 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 eight-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 membership of the Board of Aldermen.