600.1 Declaration of public policy. For the purpose of establishing and maintaining sound, stable and desirable development within the territorial limits of the municipality, this ordinance, and [as] here used the term "ordinance" shall be deemed to include the official zoning map, shall not be amended except to correct a manifest error in the ordinance, or because of changed or changing conditions in a particular area or in the municipality generally, to rezone an area or to extend the boundary of an existing zone, or to change the regulations and restrictions thereof, only as reasonably necessary to the promotion of the public health, safety or general welfare. Subject to the limitations of the foregoing declaration of public policy, an amendment to this ordinance may be initiated by the mayor and board of aldermen on its own motion, or in the manner and pursuant to the procedure hereinafter set forth, may be initiated by any person, firm or corporation filing an application therefor with the City of Newton.

600.2 Limitations on all proposed amendments. All proposed amendments to this ordinance, regardless of how or by whom initiated, shall be subject to the following limitations:

600.21 Administrative examination. No amendment to this ordinance shall be adopted until the amendment has been examined by the city planning commission and their recommendations are obtained.

600.22 Uniformity of zone regulations and restrictions. No amendment to this ordinance shall be adopted whereby the regulations and restrictions established thereby are not uniform for each zone having the same classification and bearing the same symbol or designation on the official zoning map.

600.23 Minimum size of new zones. No amendment to this ordinance shall be adopted whereby the zoning classification of an area is changed unless the area meets the following requirements as to minimum size. For the purpose of computing the size of an area for compliance herewith, there shall be added to such area:

1.

The area of public rights-of-way interior to the area being changed;

2.

One-half the area of public rights-of-way abutting the area being changed;

3.

The area of any land within the corporate limits of the City of Newton which is contiguous to the area being changed; and which land already bears the zoning classification sought for the area being changed;

4.

The area of any land outside the corporate limits of the City of Newton which is contiguous to the area being changed and which land under valid zoning classification sought for the area to be changed.

For the purpose of this section, neither contiguity nor abutment shall be destroyed by the existence of a street or alley.

Subject to the foregoing limitations, every zone shall be at least 174,240 square feet. The zoning map shall not be amended, changed or modified in such a manner as to create a freestanding zone of less than said 174,240 square feet, except where specific area restrictions are stipulated in the ordinance.

600.24 Need for uses to be clear and demonstrable. No amendment of this ordinance shall be adopted whereby a less restricted or lower zoning reclassification is established for an area unless there is a clear and demonstrable necessity in the area for those uses which are permitted in the zone applied for and not the next higher zone.

600.3 Public hearing required, notice given. No amendment to this ordinance shall become effective until after a public hearing is held in relation thereto, at which hearing parties in interest shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published at least once in an official newspaper or a paper of general circulation in the city at least 15 days prior to the hearing. Said notice shall read as follows:

NOTICE

Notice is hereby given that application has been made to the mayor and board of aldermen to change the zoning of the area described as _______ from _______ to *_______. A public hearing will be held before said board at _____ pm on _______, 19___, city hall, Newton, Mississippi, at which time and place all those wishing to be heard regarding the change in zoning should appear.
Dated this ________ day of _______, 19___.

Additionally, any area for which an individual application for a change in zoning classification is being considered shall be posted for at least 30 days prior to the hearing, and the costs of such posting shall be borne by the applicant. Such posting shall be by means of a sign or signs erected in a conspicuous location on the property, at least one sign for every 300 feet on each street upon which the property abuts. The sign shall be at least three feet by four feet in size, supported by corner posts, with bottom of sign at least four feet above ground level, reading in letter[s] legible from the nearest street, as follows, to wit:

NOTICE

Notice is hereby given that application has been made to the mayor and board of aldermen to change the zoning of this property from *_______ to *_______. A public hearing will be held before said board at _____pm on _______, 19___, at the city hall, Newton, Mississippi, at which time and place all those wishing to be heard regarding the change in the zoning should appear.
Dated this ________ day of _______, 19___.

*Zoning classification is to be indicated by the word "residential," "commercial," or "industrial," followed by the numerical and alphabetical definition.

(Ord. No. A-130, 11-7-1995)

600.4 Applications for amendments.

600.41 By whom made. Any person, firm, corporation or political subdivision may apply for an amendment to this ordinance.

600.42 Filing of applications. All applications for amendments to this ordinance shall be filed with the City of Newton.

600.43 Contents of applications. Without in any way limiting the right to file additional material, no application for amendment to this ordinance will be considered unless it contains:

1.

The applicant's name and address and interests in the application; and the name, address and interest of every person, firm, corporation or political subdivision represented by the applicant in the application;

2.

The description of the proposed amendment;

3.

A plat showing the land area which would be affected by the proposed amendment, the present zoning classification of the area and of all abutting properties, all public and private rights-of-way and easements bounding and intersecting the designated area and abutting properties;

4.

The error in the ordinance that would be corrected by the proposed amendment or changed or changing conditions in the applicable area or in the municipality generally that make the proposed amendment reasonably necessary to the promotion of the public health, safety or general welfare.

600.44 Fees for application. The mayor and board of aldermen shall determine the appropriate fees to be paid by applicants for the handling of all applications. Said fees will cover the cost of processing the application, legal notices and public hearings.

600.5 Examination of applications for amendments.

600.51 Administrative examination. Upon receipt of an application for an amendment, properly and completely made as herein set forth, the building inspector shall transmit copies of the application to the planning commission, either of which, after examination of the application, may require, if considered necessary, that the applicant furnish additional information of a pertinent and reasonable nature.

600.6 Disposition of applications for amendments.

600.61 Administrative disposition. Upon receipt of an application for an amendment from the building inspector, the board shall request the recommendations of the planning commission and shall hold one or more hearings on the proposed amendment. After consideration of the proposed amendment the board of adjustment acting for and on behalf of the mayor and board of aldermen, shall act upon said application within 30 days after the public hearing or hearings and enter its findings and decisions, which said decision shall be final unless an appeal is taken therefrom as provided herein.

(Ord. No. A-61, § 2, 6-1-1976)

600.62 Appeal to mayor and board of aldermen. In the event any party is aggrieved at the decision of the board of adjustment, such party may appeal the decision of said board to the mayor and board of aldermen, a petition for such appeal must be filed within 15 days after the final decision of the board of adjustment on said application has been entered and filed with the city clerk. Upon receipt of a petition for appeal, the mayor and board of aldermen shall have a public hearing thereon and all parties will be given opportunity to present evidence. Notice of the time and place of the hearing on appeal shall be published at least once in an official newspaper of general circulation in the City of Newton at least 15 days prior to the hearing and said notice shall contain the same language as the notice provided for under Section 600.3 hereof. In the event no appeal is taken as hereinabove provided, the mayor and board of aldermen, within 90 days after receipt of the board's recommendation and findings concerning the application and a copy of the application, shall render its decision thereon.

(Ord. No. A-61, § 2, 6-1-1976)