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River Oaks City Zoning Code

SECTION 29

AMENDMENTS TO THE ZONING ORDINANCE.

A. 
GENERAL.
1. 
The city council may from time-to-time amend, supplement, or change by ordinance the boundaries of the zoning districts or the regulations herein established.
2. 
The planning and zoning commission or the city council may, on its own motion, institute proposals to amend, or change a zoning district boundary or zoning regulation in the public interest.
3. 
The owner of any real property, or his agent, upon proof of such ownership, may file an application to change a zoning classification on such property.
4. 
The property owner, lessee, developer, or option holder of any property may petition the city council for an amendment to the text of this Ordinance which affects such property.
5. 
A person making application for an amendment to the zoning ordinance shall pay a fee in an amount determined, and as from time-to-time approved by the city council.
B. 
REVIEW PROCEDURES.
1. 
Before taking action on any proposed amendment, supplement, or change, the city council shall submit the same to the planning and zoning commission for its recommendation and report. The planning and zoning commission shall hold a public hearing on any application for any amendment, supplement, or change to the Zoning Ordinance prior to making its recommendation and report to the city council. Written notice of all public hearings before the planning and zoning commission on a proposed amendment, supplement, or change to a district boundary shall be sent to all owners of real property lying within 200 feet of the property for which the change is requested. Such notice shall be given not less than 10 days before the date set for hearing by depositing a notice properly addressed and postage paid in the United States Mail to such property owners as their ownership appears on the last approved city tax roll.
2. 
A public hearing shall be held by the city council before adopting any proposed amendment, supplement, or change to the Zoning Ordinance. At least 15 days notice of the time and place of such hearing shall be published in the official newspaper of the city. Furthermore, the zoning administrator is directed to cause a sign to be placed upon each property to be rezoned clearly visible to passersby which states that the property is the subject of a rezoning application (or words of like intent). The sign shall be posted at least 15 days prior to the hearing and shall remain posted until the hearing. The erection or continued maintenance of the sign shall not be deemed a condition precedent to the holding of the public hearing, the adoption of any proposed zoning change, or any other official action concerning such amendment.
3. 
If a proposed change to a boundary is protested in accordance with this subsection, the proposed change must receive, in order to be adopted, the affirmative vote of at least three-fourths of all members of the city council. The protest must be written, signed and acknowledged by the owners of at least 20 percent of either:
a. 
The area of the lots or land covered by the proposed change; or
b. 
The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.
4. 
In order to overrule a recommendation of the planning and zoning commission that a proposed change to a regulation or boundary be denied, an affirmative vote of at least three-fourths of all the members of the city council shall be required.
C. 
LIMITATION ON RE-APPLICATION.
A zoning application for the same action and for the same property which has been previously denied by the city council may not be re-initiated for a period of at least one year from the date of denial unless the application was denied without prejudice.
(Ordinance 1394-2023 adopted 11/28/2023)