This ordinance, including the official zoning map, may be amended by the mayor and board of aldermen on its own motion, or on recommendation of the planning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. Before enacting an amendment to this ordinance, the mayor and board of aldermen shall give public notice and hold a public hearing thereon as required by this article.

Applications to amend this ordinance may be in the form of proposals to amend the text or proposals to amend the official zoning map. An application may be initiated by the planning commission or be submitted to the planning commission by the mayor and board of aldermen or by any person who owns property within the zoning jurisdiction of the city. Unless initiated by the mayor and board of aldermen or the planning commission, all applications for map amendments must be must be submitted by the owner of such property or the amendment affecting the same property shall not be submitted more often than once every six months; however, this provision shall not apply to those properties affected by an amendment filed by the mayor and board of aldermen or the planning commission.

Each application to amend the official zoning map shall be filed with the city clerk. Each application shall be submitted under the following conditions:

1.

It shall include the following information:

a.

A legal description of the tract(s) proposed to be rezoned;

b.

A plat showing the dimensions, acreage and location of the tract(s) prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and his seal shall be affixed to plat.

c.

The present and proposed zoning classification for the tract(s); and

[d.]

The name and addresses of the owners of the land and their legally authorized agents, if any.

2.

It shall meet the applicable development standards for the district for which application is made.

3.

An application shall be submitted in accordance with a schedule adopted annually the mayor and board of aldermen which shall provide that each application shall be submitted at least 15 days prior to the date on which it is to be considered by the mayor and board of aldermen. It shall be accompanied by a fee of $300.00 for the first five acres plus an additional $30.00 for each additional acre to partially defray the public expense of processing the application and posting the property. A fee shall not be charged if an official governmental agency files the application.

4.

The applicant shall present a map showing the location of the property for which an application is submitted, and its relationship to adjoining properties and public facilities and services. He shall submit applicable information concerning the service demands that will be placed on public facilities and services including, but not limited to, information on total anticipated population density; traffic volumes; effect on schools, drainage, traffic and utility facilities; and, related matters. The applicant may submit renderings, site plans and other exhibits purporting to depict what is to be constructed should a map amendment be approved.

5.

An application may not be withdrawn or amended by the applicant after the legal advertising as required by this section shall have first been published in accordance with Section 3593, Mississippi Code of 1942 [MCA 1972, § 17-1-15], as amended. However, the mayor and board of aldermen may allow an application to be withdrawn without prejudice with respect to the six-month limitation of this section.

The zoning administrator, upon receiving an application for rezoning of an area or a particular piece of property, shall do the following:

1.

Consult with other departments of the city to fully evaluate the impact of any zoning change upon public facilities and services including, but not limited to, schools, drainage, traffic and related facilities;

2.

Study each application with reference to its appropriateness and effect on existing and proposed land use; and

3.

Report its findings to the planning commission, which shall be a matter of public record.

The planning commission shall review and take action upon each application in accordance with the schedule adopted by the mayor and board of aldermen after a public hearing has been held at which parties in interest and citizens shall have had the opportunity to be fully heard. Each application shall be presented to the planning commission by the building inspection, together with his recommendations on it. A report of the planning commission's decision and the administrator's recommendation shall be submitted to the mayor and board of aldermen. If the planning commission does not act upon the application in accordance with the schedule established by the mayor and board of aldermen, the applicant may take it to the mayor and board of aldermen without a recommendation from the planning commission.

The planning commission shall adopt such rules and regulations for the conduct of public hearings and meetings as are consistent with state law and this Code and are appropriate to its responsibilities, which shall be published and available to the public, as well as conflict of interest rules, to ensure that no member is entitled to rule on a matter in which he has an interest directly or indirectly.

The applicant may present the information required by section 12.3 of this article and may present renderings, site plans and other exhibits purporting to depict what is to be constructed should a map amendment be approved.

Before taking action on a proposed amendment and after presentation of the planning commission report thereon, the mayor and board of aldermen shall take action on the proposed amendment at a regularly scheduled public meeting. The applicant may present the information required by all sections of this article and may present renderings, site plans and other exhibits purporting to depict what is to be constructed should a map amendment be approved.

12.71.

Legal notice. Due notice of the public hearings shall be published in the newspaper of general circulation within the city in which are carried the legal advertisements of the city by advertising the application and date, time and place of the public hearings in accordance with MCA 1972, tit. 17, ch. 1, as amended.

12.72.

Signs posted. The office of the zoning administrator shall post at least 15 days prior to the first public hearing, on a conspicuous place on the property for which an application has been submitted, a sign or signs containing information as to the application and date, time and place of public hearings.

12.73.

Letters to abutting owners. The city clerk shall notify by first class mail all abutting property owners of the requested zoning change, as shown by city tax records available to the building inspector, of the application and date, time and place of the public hearings, which shall be mailed at least 15 days prior to the first public hearing.