Shrewsbury City Zoning Code
CHAPTER 440
Zoning Changes and Amendments
Section 440.010 Approval of Proposed Changes.
[CC 1976 §440.010; Ord. No. 1151 §16, 1-23-1974]
The Board of Aldermen may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions herein established. Any proposed Special Use Permit, amendment, supplement, change, modification or repeal shall first be submitted to the Plan Commission for hearing and its recommendations and report. If the Plan Commission makes no report within eighty (80) days or such additional period of time as may be agreed by the Board of Aldermen or the applicant, it shall be considered to have made a report approving the proposed Special Use Permit, amendment, supplement,modification, change or repeal. Upon filing of the recommendations and report by the Commission with respect to any proposed special permit, amendment, supplement, change, modification, or repeal, the Board of Aldermen shall proceed to hold a public hearing in relation thereto giving at least fifteen (15) days notice of the date, time and place of such hearing, which notice shall first be published in an official newspaper or a newspaper of general circulation in the City of Shrewsbury.
Section 440.020 Protest Against Change or Amendment - How Handled.
[CC 1976 §440.020; Ord. No. 1151 §16, 1-23-1974]
If a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets and alleys) included within such proposed amendment, supplement, change, modification or repeal or within an area determined by lines drawn parallel and to one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
Section 440.030 Fees.
[CC 1976 §440.030; Ord. No. 1151 §§16—17, 1-23-1974]
A.
Before any action shall be taken as provided in this Chapter, the party or parties proposing or recommending a change in the district regulations or district boundaries, or requesting a Special Use Permit shall deposit with the City Treasurer a fee, the amount of which shall be determined by the schedule set forth in Subsection (B) to cover the appropriate cost of the procedure; and under no conditions, shall said fee or any part thereof be refunded for failure of said change to be adopted by the Board of Aldermen. When any applicant for a Special Use Permit or zoning change, amendment, supplement, modification or repeal of either the boundaries or the regulations or restrictions of this Title shall have been unsuccessful in obtaining said Special Use Permit, zoning change, amendment, supplement, modification, or repeal, no similar application for the same change shall be received, processed, filed, heard or studied by an official or any Board of the City until six (6) months have elapsed from the date of denial or failure to pass such application.
B.
Fee Schedule. The filing fee for a petition for a change of zoning district boundaries or Special Use Permit shall be based on the area contained in the property in question according to the following schedule:
[Ord. No. 3023, 12-14-2021]
Acreage | Fee |
|---|---|
1 or less | $650.00 |
1.1 to 2 | $670.00 |
2.1 to 3 | $690.00 |
3.1 to 4 | $710.00 |
4.1 to 5 | $730.00 |
5.1 to 6 | $750.00 |
6.1 to 7 | $760.00 |
7.1 to 8 | $770.00 |
8.1 to 9 | $780.00 |
9.1 to 10 | $790.00 |
10.1 to 20 | $800.00 |
20.1 to 30 | $810.00 |
30.1 to 40 | $820.00 |
40.1 to 50 | $830.00 |
50.1 to 60 | $840.00 |
60.1 to 70 | $850.00 |
70.1 to 100 | $860.00 |
More than 100 acres | $900.00 |
The fees to be charged for the various procedures in this Title are not refundable, except where petitions or applications are withdrawn before substantial processing has been undertaken, and then only by order of the Board of Aldermen. |
All fees shall be made payable to the City of Shrewsbury and shall be turned over to the City Treasurer and credited to the General Revenue Fund of the City of Shrewsbury. |
Section 440.040 Validity of Application.
[CC 1976 §440.040; Ord. No. 1151 §16, 1-23-1974]
No application for Special Use Permit or for change, amendment, supplement, modification or repeal shall be valid under this Chapter if a similar application shall within six (6) months prior thereto have been unsuccessful.
Section 440.050 New Application Required - When.
[CC 1976 §440.050; Ord. No. 1151 §16, 1-23-1974]
In the event the Board of Aldermen shall have voted to deny or refuse any such application for Special Use Permit or change, amendment, supplement, modification, or repeal or should the Board of Aldermen fail to pass an ordinance to grant such permit or to change, amend, supplement, modify or repeal this Zoning Code, the matter inaugurated by said application shall be deemed to have been finally terminated, and the Board of Aldermen shall not vote further thereon at any meeting subsequent to final action by the Board of Aldermen either because of a change of attitude or mind of any Alderman or for alleged error or mistake of law or fact, but a new application shall be required, including compliance with all of the procedural prerequisites of change or amendment or supplement or modification or repeal of Zoning Regulations to change, amend, supplement, modify, or repeal including the above requirements as to lapse of time before the resubmission of application.