A.

Initiation.

1.

Zoning Text Amendment. An amendment to the text of the Zoning Ordinance may be initiated by:

a.

Members of the City Council;

b.

Members of the Planning Commission;

c.

Members of the Zoning Board of Adjustment;

d.

Any person other than those listed in above; provided, however, that no such person shall propose an amendment for the rezoning of property which he does not own except as agent or attorney for an owner.

2.

Zoning Map Amendment. A Zoning Map amendment to rezone property may be initiated by:

a.

Members of City Council;

b.

Members of the Planning Commission;

c.

The Zoning Officer; and

d.

Any person other than those listed in above; provided, however, that no such person shall propose an amendment for the rezoning of property which he does not own except as agent or attorney for an owner.

B.

Application.

1.

All petitions for change or amendment shall be made on forms available at the office of the City Clerk and shall be accompanied by a map indicating the location of the proposed change. The application shall include all the information requested on the application form.

2.

The completed application shall be accompanied by a payment of the application fee according to the fee schedule in use by the City of New Hope at the time of the application.

3.

Completed applications shall be filed with the City Clerk not later than twenty (20) days prior to the Planning Commission's meeting at which the application is to be considered.

4.

The Zoning Officer shall determine if the application is complete.

5.

If the application is not complete, the Zoning Officer shall notify the applicant in writing indicating necessary steps to cure the incomplete application.

6.

In addition, the applicant shall submit with each application a list of names and addresses of all property owners of record adjacent to the exterior boundary of the subject property. Names and addresses shall be from the latest records of the office of the Madison County Tax Assessor and accuracy of the list shall be the responsibility of the applicant.

7.

Upon determination of a complete application, notice of the application will be published and/or mailed in accordance with the procedures of this Section. The applicant shall be responsible for all costs of notification and filling fees.

A.

Review. A completed application shall be reviewed by the Zoning Officer, who shall submit the application to the Planning Commission at its next available meeting.

B.

Posted Notice. At least seven (7) days before the Planning Commission meeting at which the completed application will be reviewed, the City Clerk shall post the full application in four (4) conspicuous places within the City. The application shall be accompanied by a notice including the following:

1.

The date, time, and place that the application will be considered by the Planning Commission; and

2.

Notice that all persons who desire shall have an opportunity to be heard either in favor or in opposition to the proposed request.

C.

Hearing. The Planning Commission shall consider the application at a public hearing and take one of the following actions:

1.

Recommend approval of the application to the City Council;

2.

Recommend approval of the application to the City Council conditioned on specific revisions;

3.

Recommend denial of the application to the City Council; or

4.

Continue discussion of the application for further study. An application shall only be continued one time without the applicant's consent before the Planning Commission shall pass it along to the City Council for action. Any continuance shall be for a time reasonably necessary to completely and adequately address the issue of further study. An applicant may agree to more continuances.

D.

Status of Planning Commission Report and Recommendations. The report and recommendations of the Planning Commission shall be advisory only and shall not be binding upon the City Council.

E.

Time for Planning Commission Report to City Council. If the Planning Commission does not submit its report and recommendations within sixty (60) days from the date of the public hearing, then the application shall be forwarded to the City Council, which may proceed to act on the proposed amendment without further awaiting the report or recommendations of the Planning Commission.

The application, along with the report and recommendation of the Planning Commission shall be forwarded to the City Council, which shall consider the application at a public hearing.

A.

Posting Notice of Public Hearing. Notice of the public hearing shall be posted by the City Clerk at four (4) conspicuous public places in the City, one of which shall be the City Hall, at least fifteen (15) days prior to the date when the City Council will consider the application. Posted notice of the City Council hearing shall contain the following information:

1.

The text of the proposed Ordinance;

2.

The time and place that the application will be considered by the City Council;

3.

Notice that all persons shall have an opportunity to be heard in opposition to or in favor of the application.

B.

Mailed Notice of Public Hearing. Notice of the public hearing shall be mailed by the City Clerk to all adjacent property owners and shall include the following:

1.

A provision that the application will be considered by the Council;

2.

The date, time, and place that the application will be considered by the Council;

3.

Notice that the full application is available at City Hall and location of City Hall;

4.

A map showing the location of the property;

5.

A general description of the property;

6.

Notice that all persons who desire shall have an opportunity to be heard either in favor or in opposition to the proposed amendment.

C.

Compliance with Law. The foregoing requirements are intended to comply with applicable law relating to notice. To the extent that such requirements do not so comply with applicable law or in the event any applicable law is hereafter altered, amended or otherwise modified, this Section shall be construed so as to comply with such altered, amended or modified law.

D.

City Council Review.

1.

The City Council shall consider the application at a public hearing and take one of the following actions:

a.

Approve the application;

b.

Approve the application conditioned on specific revisions;

c.

Deny the application;

d.

Continue discussion of the application for further study. An application shall only be continued one time without the applicant's consent before the City Council shall take one of the above actions. An applicant may agree to more continuances. Any continuance shall be for a time reasonably necessary to completely and adequately address the issue of further study; or

e.

Remand the proposed amendment to the Planning Commission for further study and discussion. An application may be remanded only once without the applicant's consent before the City Council shall take one of the above actions. An applicant may agree to more remands.

2.

If a Planning Commission recommendation for a change is not acted upon within sixty (60) days of the date of the Planning Commission's report to the City Council, the petition upon which the report and recommendation is based shall be deemed to have been denied.

The application shall be reviewed based on the following criteria:

A.

Whether the proposed change would be contrary to the Comprehensive Master Plan;

B.

The existing land use pattern;

C.

Possible creation of an isolated Zoning District unrelated to adjacent and nearby Zoning Districts;

D.

The population density pattern and possible increase or overtaxing of the load on public facilities such as schools, utilities, streets, etc.;

E.

Whether existing Zoning District boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

F.

Whether changed or changing conditions make the passage of the proposed amendment necessary;

G.

Whether the proposed change will adversely influence living conditions in the neighborhood;

H.

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety;

I.

Whether the proposed change will create a drainage problem;

J.

Whether the proposed change will seriously reduce light and air to adjacent areas;

K.

Whether the proposed change will adversely affect property values in the adjacent area;

L.

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations;

M.

Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare;

N.

Whether there are substantial reasons why the property cannot be used in accord with existing Zoning; and

O.

Whether the change suggested is out of scale with the needs of the neighborhood or the City.

A.

No amendment to rezone property shall contain conditions, limitations, or requirements not applicable to all other property in the Zoning District to which the particular property is rezoned.

B.

Except where the proposal for the rezoning of property involves an extension of an existing Zoning District boundary, no change in the Zoning classification of land shall be considered which involves less than forty thousand (40,000) square feet of area or two hundred (200) feet of street frontage.

A.

Whenever the City Council has, by amendment, changed the Zoning classification of property, the City Council shall not then consider any petition for rezoning of any part or all of the same property for a period of six (6) months from the effective date of the amendatory ordinance.

B.

Whenever the City Council has denied an application for the rezoning of property, the City Council shall not thereafter:

1.

Consider any further applications for the same rezoning of any part or all of the same property for a period of one (1) year from the date of such action;

2.

Consider an application for any other kind of rezoning on any part or all the same property for a period of six (6) months from the date of such action.

C.

The time limits of this Section may be waived by four (4) affirmative votes of the City Council when such action is deemed necessary to prevent injustice or to facilitate the proper development of the City of New Hope.

Any rezoning decision that is based in any part on testimony, plans, studies or other support that is later found to have been a material misrepresentation may be summarily nullified. Summary nullification shall require evidence of the misrepresentation at a formal City Council meeting and the concurring vote of four (4) members of the City Council. It shall not require the notice and hearing necessary for a formal Zoning amendment because the initial City Council action will be determined null and void due to the material misrepresentation.

A.

Adoption. The current Zoning Map of the City, which is maintained by the Zoning Officer or his or her designee under the direction of the Mayor and kept on file at City Hall, shall continue to be the official Zoning Map of the City and nothing contained herein shall be construed to alter or amend the current Zoning Map.

B.

Identification. The official Zoning Map shall be identified by the signature of the Mayor and attested by the City Clerk under the following words: "This is to certify that this is the official Zoning Map of the City of New Hope, Alabama," together with the date of the adoption of this Ordinance.

C.

Changes. If, in accordance with provisions of this Ordinance, changes are made in Zoning District boundaries or other matters portrayed on the official Zoning Map, such changes shall be made in accordance with the procedures established herein.

1.

Any amendment to this Ordinance which involves matters portrayed on the official Zoning Map shall become effective immediately following the adoption and legal advertisement of a Zoning or Rezoning Ordinance by the City Council. Said Ordinance shall be recorded in the minutes of the City Clerk and appendix of the Zoning Ordinance.

2.

Physical changes to the official Zoning Map depicting the Zoning change shall be made as soon as possible after the amendment has been approved by the City Council, with an entry on the official Zoning Map stating: date of the action of the City Council and resolution or ordinance number of the Zoning amendment.

D.

Conflict. In the event of a conflict between the map and the Zoning Ordinance or any amendment to the Zoning Ordinance, the legal description from the particular ordinance shall control.