Zoneomics Logo
search icon

Oak City City Zoning Code

AMENDMENTS

§ 155.035 STATEMENT OF POLICY.

   (A)   It is the intent of the town that this chapter and the district zoning map has been established for the purpose of promoting sound and desirable development and for maintaining stable land use patterns. In harmony with this purpose, this chapter and map shall not be amended except to:
      (1)   Correct an obvious error or oversight in the regulations; or
      (2)   To recognize changing conditions in the town, which require that amendments be adopted for the promotion of the public health, safety and general welfare.
   (B)   In conformity with this statement of policy, amendments may be initiated by any person, firm, corporation or bureau of the governing body of the town in the manner hereinafter set forth.
(Prior Code, § 10-12-1) (Ord. 2001-02, passed 10-3-2001)

§ 155.036 APPLICATION FOR AMENDMENT.

   (A)   Submission; types of amendments. The petitioner shall submit an application for amendment to the Town Council on forms provided for that purpose. The two types of amendments which may be requested are:
      (1)   Language amendments which seek to change the wording of the zoning ordinance; and
      (2)   Map amendments which seek to change the district boundary lines on the district zoning map.
   (B)   Required information. When applying for an amendment to the district zoning map, the petitioner shall file, along with his or her application, the following information:
      (1)   A legal description and a map of the area sought to be rezoned;
      (2)   The existing zoning district designation and the proposed district designation; and
      (3)   The names and addresses of all owners of land within the area proposed for rezoning and within 140 feet of the outer limits of the area proposed for rezoning. In determining the 140 feet, the width of any intervening street or alley shall not be included.
(Prior Code, § 10-12-2) (Ord. 2001-02, passed 10-3-2001)

§ 155.037 REVIEW OF APPLICATION.

   (A)   Administrative official. The Administrative Official shall review the application for correctness and completeness and shall report to the Town Council concerning the nature of the application and the date of its filing. The Administrative Official shall refer a copy of the application to the Planning Commission for its recommendation and may refer a copy to any other agency which might be affected by the amendment for comment.
   (B)   Other agencies. Agencies which receive copies of the application for amendment shall respond within 30 days from the date on which the application was sent. If no response is received, it will be assumed that such agency shall have no objection to the proposed amendment.
   (C)   Planning Commission. The Administrative Official shall assemble and transmit all comments, including those of the Plan Review Board, to the Planning Commission for its consideration.
(Prior Code, § 10-12-3) (Ord. 2001-02, passed 10-3-2001)

§ 155.038 PUBLIC HEARING.

   The Town Council shall fix a reasonable time and place for a public hearing at which all interested parties shall have an opportunity to be heard. Notice of the time and place of the public hearing and the nature of the amendment sought shall be given by two publications in a newspaper of general circulation in the town at least 15 days before the date of such hearing. All property owners within 140 feet of the proposed rezoning shall be notified of the public hearing.
(Prior Code, § 10-12-4) (Ord. 2001-02, passed 10-3-2001)

§ 155.039 FINDINGS AND RECOMMENDATIONS.

   Following the public hearing, the Town Council shall consider the amendment. The hearing may be continued, if necessary, without republication of notice. Any recommendations of the Planning Commission are advisory only, and the Town Council may overrule the recommendations of the Planning Commission.
(Prior Code, § 10-12-5) (Ord. 2001-02, passed 10-3-2001)

§ 155.040 DECISION OF TOWN COUNCIL.

   Following the public hearing, the Town Council shall approve, disapprove or modify and approve, the proposal before it. Town Council action on amendments to this chapter or to the zoning map requires the affirmative vote of three or more Town Council members. The Town Council may act on the petition at the time of the hearing or at subsequent meetings.
(Prior Code, § 10-12-6) (Ord. 2001-02, passed 10-3-2001)

§ 155.041 DIAGRAM.

   The following diagram applies to the provisions of this chapter:
 
Amendment Procedures
Submittal of application
Transmittal to Plan Review Board, Planning Commission and Town Council
Public hearing
Approval of Planning Commission within 30 days
Decision of Town Council within 30 days
 
(Prior Code, § 10-12-7) (Ord. 2001-02, passed 10-3-2001)