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Springfield City Zoning Code

ARTICLE VII

AMENDMENTS TO MAP OR TEXT

7.1 - General.

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the City Council by ordinance, may—subject to the procedures provided by law—amend, supplement, or change the regulations, district boundaries or classification of property, now or hereafter established by this ordinance or amendments thereof.

7.2 - Procedure for Amendments to Map or Text.

7.2.1 Applications. Applications for any change in the text or classifications of property shown on the Zoning Map, shall be submitted to the Building and Zoning Official upon such forms and accompanied by such data and information as may be prescribed for that purpose by him, so as to assure the fullest practicable presentation of facts for the record. Each application for a change of district boundaries or classifications or property shall be verified by at least one of the owners or lessees of property, within the area proposed with reclassified, attesting to the truth and correctness of all facts and information presented with the application. It shall contain a map of the area proposed to be rezoned, and the area within 200 feet, giving the names and addresses of property owners, and all district boundary lines, and street and alleys located therein. The Building and Zoning Official shall check the application to determine whether it conforms with the requirements listed above, and if satisfactory, shall immediately submit it to the Planning and Zoning Board for review. Amendments to the zoning ordinance text or to the zoning map may also be initiated by the Council by resolution.

7.2.2 Public Hearing. The Planning and Zoning Board and the City Council shall each hold a public hearing on any proposed amendment, notice of which shall be given by publication in a newspaper of general circulation in the municipality affected by the amendment. The notice shall state the purpose, place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined.

7.2.3 Notice of Property Owners. The Council shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements, by mailing a postal card or letter notice to the owners of all properties lying within 200 feet of any part of the property proposed in this section. Failure of any such owner to receive notice shall not invalidate any action taken, it being the intention of this section to provide, so far as may be possible, due notice to the persons substantially interested in the proposed change. As an alternative to the requirements for a mailed notice, where the number of properties affected by a proposed revision to the text of this ordinance or the zoning map is greater than 50, the notice referred to in Section 7.2.2 may contain a map showing the proposed change. Such notice shall not be placed in that section of the newspaper which contains classified advertising.

7.2.4 Recommendation by Planning and Zoning Board. The Planning and Zoning Board shall conduct a public hearing and make a recommendation to the City Council.

7.2.5 Public Hearing by City Council. After receiving the Planning and Zoning Board recommendations on proposed actions resulting in zoning decisions, the City Council shall hold a public hearing thereon. At least 15 but not more than 45 days prior to the date of the hearing, notice of the hearing shall be given by publication in a newspaper of general circulation within the territorial boundaries of the City of Springfield the time, place and purpose of the hearing. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. The hearing of the City Council may be held in conjunction with the hearing of the Planning and Zoning Board provided that the publication requirements have been met.

7.2.5.1 Policies and Procedures.

i.

All public hearings conducted by the City Council on proposed actions resulting in zoning decisions shall be chaired by the Mayor.

ii.

The Mayor shall open the hearing by stating the specific zoning matter being considered at the public hearing, and further stating that printed copies of the adopted standards governing the exercise of the Mayor and Council's zoning power and the procedures governing the hearing are available to the public. The Mayor or Building and Zoning Official shall advise the Mayor and Council of the recommendation of the Planning and Zoning Board when applicable.

iii.

The Mayor shall determine the number of attendees who desire to testify or present evidence at the hearing.

iv.

When there is a large number of individuals wishing to testify at a hearing, the Mayor may invoke time limits on individual speakers. In such cases, these time limits shall apply to all speakers: Proponents, including the petitioner or the petitioner's agent requesting the zoning decision, shall have no less than ten (10) minutes for the presentation of data, evidence, and opinions; opponents of the proposed decision shall have an equal minimum period of time. The Mayor may grant additional time; provided, however, an equal period of time shall be granted both sides.

v.

The petitioner requesting the proposed zoning decision, or the petitioner's agent, shall be recognized first and shall be permitted to present and explain the request for the zoning decision. Thereafter, all individuals who so desire shall be permitted to speak in favor of the zoning decision.

vi.

After all individuals have had an opportunity to speak in accordance with Section 7.2.5.1.5 above, those individuals present at the public hearing who wish to speak in opposition to the proposed zoning decision shall have an opportunity to speak.

vii.

So long as each side is given no less than ten (10) minutes for the presentation of data, evidence, and opinions, the Mayor may limit repetitious comments in the interest of time and may call for a show of hands of those persons present in favor of or opposed to the proposed zoning decision.

viii.

It shall be the duty of the Mayor to maintain decorum and to assure the public hearing on the proposed zoning decision is conducted in a fair and orderly manner.

ix.

Once all parties have concluded their testimony, the Mayor shall adjourn the public hearing.

7.2.6 Action of the City Council. The City Council shall consider the recommendations of the Planning and Zoning Board, and vote on the proposed amendment to the text or map of the zoning ordinance after the public hearing. The applicant and others so requesting shall receive notice of the decision of the City Council through the Building and Zoning Official.