AMENDMENTS
The zoning regulations shall be amended in conformance with the requirements of Act 186 of the 1957 State General Assembly and all subsequent amendments to that Act.
(Ord. No. 99-4, § 22.1, 3-22-1999)
The city council may suggest that the planning commission amend the text of this zoning ordinance or the planning commission itself may desire to initiate an amendment. Should the planning commission, after study, request a change in the text, it shall conduct a public hearing on the proposed textual amendment. Following the public hearing, such recommendation shall be submitted to the city council for adoption.
(Ord. No. 99-4, § 22.2, 3-22-1999)
If the owner of property desires to revise the boundary line of a zoning district, he or his legally designated agent shall submit to the planning commission a petition for such rezoning. The petition shall provide the legal description of the property proposed for revision in boundary, a description of the property as it is generally identified or known by the public (such as a street address; or in the case of a large tract, a description of its general boundaries), the zoning classification requested for the property, a map or diagram showing proposed improvements to the property, an explanation of the relationship of the proposed use lo land uses surrounding the property, and any other optional information which the owner feels should be brought to the attention of the planning commission. The disposition of the petition shall be in accordance with the provisions of [sections] 46-504 and 46-507 below.
(Ord. No. 99-4, § 22.3, 3-22-1999)
Before a proposed revision in the boundary of a district may be recommended by the planning commission to the city council, it must be the subject of a public hearing. Notice of the public hearing on the rezoning petition shall be published in a newspaper of general circulation in the City of Paragould, at least one ten days prior to the hearing. The owner/petitioner shall provide notice to the Paragould City Clerk by filing said notice in the office of the clerk at least ten days prior to the hearing, but in no event later than the publication of notice in the newspaper. Additionally, the owner/petitioner shall submit to the planning commission prior to the public hearing evidence that he has contacted in written form the owner or owners of each separate parcel of land that is adjacent to, or located directly across the street from said lot indicating to each affected owner the content of his rezoning petition as required above in [section] 46-503. Notice shall also be provided to said owners at least ten days prior to the hearing. For this purpose, the owner/petitioner shall present a plat map showing the location of affected properties together with the owner of record and written acknowledgment from each owner of receipt of proper notification. Finally, the administrative official shall cause the owner to place sign(s), the number of which shall be determined by the administrative official, in conspicuous places on the site of property proposed for rezoning indicating the date and place of the public hearing on the rezoning proposal, said signs to be placed on site not fewer than ten days prior to the date of the hearing. The city will furnish the required signs.
(Ord. No. 99-4, § 22.4, 3-22-1999)
If all procedural requirements above are satisfied, the planning commission and the city council shall proceed in the following manner:
(1)
The planning commission shall conduct the public hearing on the proposed amendment to the ordinance and/or official zoning map.
(2)
Following the public hearing, the proposed amendment or change of district boundary may be approved as presented or in modified form by a majority vote of the planning commission with recommendation for adoption by the city council, or with reasons for such recommendations stated in writing.
(3)
If the planning commission disapproves a proposed amendment or rezoning petition, the reason for such disapproval shall be given in writing to the petitioner within 30 days from the date of the hearing.
(4)
Following disapproval of a proposed amendment by the planning commission, the petitioner may appeal such disapproval to the city council, provided that the petitioner states specifically in writing to the city clerk why he considers the planning commission's findings and decisions are in error. Such appeal to the city council shall be filed with the city clerk within ten days after receipt in writing of the planning commission's denial.
(5)
The city council, by a majority vote, may, by ordinance, adopt the recommended amendment submitted by the planning commission or may return the proposed amendment to the planning commission for further study and recommendation.
(6)
If the city council does not concur with the recommendation of the planning commission, either as first submitted or as submitted after re-study, the city council may, by majority vote, amend this chapter by granting the request for amendment in full or in modified form.
(Ord. No. 99-4, § 22.5, 3-22-1999)
No application for change of zoning for a given property may be re-submitted within 12 months from the date of action by the commission or legislative body, whichever is later, unless the commission finds that a substantial reason exists for waiving this limitation. If the city council does not act on an appeal under this section within 90 days, then the action taken by the planning commission or the board of zoning adjustment shall be considered ratified by the council. In the event of any appeal to the council, all interested parties entitled to notice for the planning commission or the board of zoning adjustment, shall be entitled to identical notice prior to the city council meeting.
(Ord. No. 99-4, § 22.6, 3-22-1999)
An applicant for a change of zoning shall be required to reimburse the City of Paragould for costs of public notice and the conduct of the public hearing.
(Ord. No. 99-4, § 22.7, 3-22-1999)
AMENDMENTS
The zoning regulations shall be amended in conformance with the requirements of Act 186 of the 1957 State General Assembly and all subsequent amendments to that Act.
(Ord. No. 99-4, § 22.1, 3-22-1999)
The city council may suggest that the planning commission amend the text of this zoning ordinance or the planning commission itself may desire to initiate an amendment. Should the planning commission, after study, request a change in the text, it shall conduct a public hearing on the proposed textual amendment. Following the public hearing, such recommendation shall be submitted to the city council for adoption.
(Ord. No. 99-4, § 22.2, 3-22-1999)
If the owner of property desires to revise the boundary line of a zoning district, he or his legally designated agent shall submit to the planning commission a petition for such rezoning. The petition shall provide the legal description of the property proposed for revision in boundary, a description of the property as it is generally identified or known by the public (such as a street address; or in the case of a large tract, a description of its general boundaries), the zoning classification requested for the property, a map or diagram showing proposed improvements to the property, an explanation of the relationship of the proposed use lo land uses surrounding the property, and any other optional information which the owner feels should be brought to the attention of the planning commission. The disposition of the petition shall be in accordance with the provisions of [sections] 46-504 and 46-507 below.
(Ord. No. 99-4, § 22.3, 3-22-1999)
Before a proposed revision in the boundary of a district may be recommended by the planning commission to the city council, it must be the subject of a public hearing. Notice of the public hearing on the rezoning petition shall be published in a newspaper of general circulation in the City of Paragould, at least one ten days prior to the hearing. The owner/petitioner shall provide notice to the Paragould City Clerk by filing said notice in the office of the clerk at least ten days prior to the hearing, but in no event later than the publication of notice in the newspaper. Additionally, the owner/petitioner shall submit to the planning commission prior to the public hearing evidence that he has contacted in written form the owner or owners of each separate parcel of land that is adjacent to, or located directly across the street from said lot indicating to each affected owner the content of his rezoning petition as required above in [section] 46-503. Notice shall also be provided to said owners at least ten days prior to the hearing. For this purpose, the owner/petitioner shall present a plat map showing the location of affected properties together with the owner of record and written acknowledgment from each owner of receipt of proper notification. Finally, the administrative official shall cause the owner to place sign(s), the number of which shall be determined by the administrative official, in conspicuous places on the site of property proposed for rezoning indicating the date and place of the public hearing on the rezoning proposal, said signs to be placed on site not fewer than ten days prior to the date of the hearing. The city will furnish the required signs.
(Ord. No. 99-4, § 22.4, 3-22-1999)
If all procedural requirements above are satisfied, the planning commission and the city council shall proceed in the following manner:
(1)
The planning commission shall conduct the public hearing on the proposed amendment to the ordinance and/or official zoning map.
(2)
Following the public hearing, the proposed amendment or change of district boundary may be approved as presented or in modified form by a majority vote of the planning commission with recommendation for adoption by the city council, or with reasons for such recommendations stated in writing.
(3)
If the planning commission disapproves a proposed amendment or rezoning petition, the reason for such disapproval shall be given in writing to the petitioner within 30 days from the date of the hearing.
(4)
Following disapproval of a proposed amendment by the planning commission, the petitioner may appeal such disapproval to the city council, provided that the petitioner states specifically in writing to the city clerk why he considers the planning commission's findings and decisions are in error. Such appeal to the city council shall be filed with the city clerk within ten days after receipt in writing of the planning commission's denial.
(5)
The city council, by a majority vote, may, by ordinance, adopt the recommended amendment submitted by the planning commission or may return the proposed amendment to the planning commission for further study and recommendation.
(6)
If the city council does not concur with the recommendation of the planning commission, either as first submitted or as submitted after re-study, the city council may, by majority vote, amend this chapter by granting the request for amendment in full or in modified form.
(Ord. No. 99-4, § 22.5, 3-22-1999)
No application for change of zoning for a given property may be re-submitted within 12 months from the date of action by the commission or legislative body, whichever is later, unless the commission finds that a substantial reason exists for waiving this limitation. If the city council does not act on an appeal under this section within 90 days, then the action taken by the planning commission or the board of zoning adjustment shall be considered ratified by the council. In the event of any appeal to the council, all interested parties entitled to notice for the planning commission or the board of zoning adjustment, shall be entitled to identical notice prior to the city council meeting.
(Ord. No. 99-4, § 22.6, 3-22-1999)
An applicant for a change of zoning shall be required to reimburse the City of Paragould for costs of public notice and the conduct of the public hearing.
(Ord. No. 99-4, § 22.7, 3-22-1999)