Whenever the public necessity, convenience, general welfare, or good zoning practice warrants such action, the city council, by the favorable vote of three of the members, may amend, supplement, modify, or repeal the regulations of zoning district boundaries herein established.

(Ord. No. 135-182, 7-16-07)

A proposed change of the zone district boundaries or of the regulations may be initiated by the city council, the planning commission, or by petition of one or more owners or authorized agents of such owners of property within the area proposed to be changed.

(Ord. No. 135-182, 7-16-07)

1.

Any proposed amendment, supplement, modification, or appeal shall first be submitted to the Pelham Planning Commission for its recommendations and report.

2.

After the city council shall have received the recommendation of the Pelham Planning Commission on the proposed change, or if no recommendation is received from the Pelham Planning Commission within 60 days of the date of application, the city council may proceed to hold a public hearing in relation thereto, giving notice as required by law.

3.

The proposed change may be deemed by the applicant to have been denied if the city council takes no final action upon the same within 150 days after the filing of the application, or within 90 days after receipt of the recommendation by the Pelham Planning Commission, provided that this sentence shall not be construed to divest the city council of jurisdiction to take final action on such proposed change at any time prior to any litigation instituted thereon against this council or the city by the applicant.

(Ord. No. 135-182, 7-16-07)

Before any action shall be taken as provided in this article, the applicant petitioning for a changed shall deposit with the City of Pelham the sum of $300.00 plus $10.00 per acre. Under no condition shall said sum or any part thereof be refunded for failure of each proposed amendment to be enacted into law. No action shall be initiated for a zoning amendment affecting the same parcel of land more often than once every 12 months, provided that by unanimous resolution of the city council, such action may be initiated at any time.

(Ord. No. 135-182, 7-16-07)