Trenton City Zoning Code
XIX CHANGES
AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES.
A.
Declaration of Policy:
The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
B.
Authority to Amend Ordinance:
The Council may from time to time, after public hearings as required by law, amend, supplement, or change the regulations provided in this ordinance or the boundaries of the zoning districts. All amendments shall be effective only upon passage of an ordinance making the appropriate amendments.
C.
Public Hearing and Notice:
The Council shall hold at least one public hearing on each application. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property located within the area of application and within 200 feet of any property affected by the zoning change, within not less than 10 days before the hearing is held. The notice may be served by using the last known address as listed on the City tax rolls and depositing the notice, postage paid, in the United States mail. Notice of hearings shall be published one time not less than 15 days prior to the public hearing in the official newspaper of the City. Any ordinance adopted pursuant to this Section may not be adopted until after the public hearing and after the 30th day after the date the written notice was mailed to owners within 200 feet.
D.
Council Consideration:
In making its determination, the Council shall consider, among other things, the following factors:
1.
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole.
2.
Whether the proposed change is in accordance with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the areas and shall note the findings.
3.
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and special circumstances, which may make a substantial part of the vacant land unavailable for development.
4.
The recent rate at which land is being developed in the same zoning classification as the request, particularly near the proposed change.
5.
How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether the designation for other areas should be modified.
6.
Any other factors, which will substantially affect the health, safety, morals or general welfare of the residents of the City.
E.
Council Vote:
1.
Approval:
No ordinance adopting a change shall become effective until after the adoption of an ordinance by a majority vote for the change and its publication as required by law.
2.
Denial of the Request with Prejudice:
The Council may deny any request with prejudice. If a request has been denied with prejudice the same or substantially similar request may not be resubmitted to the City for one year from the original date of denial.
3.
[Reserved]
4.
Three-fourths Vote:
A favorable vote of three-fourths of the Council shall be required to approve any change in zoning when written objections are received which comply with the provision of the state laws commonly referred to as the “20 percent rule.” If a protest against a proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of lots included in the proposed change or those immediately adjacent to the area of the proposed change and extending 200 feet from the street frontage of the opposite lots, the amendments shall not become effective except by a three-fourths vote of The Council.
5.
Final Approval and Ordinance:
Upon approval of the zoning request by the Council, preparation of the amending ordinance shall begin immediately. Any ordinance adopted pursuant to this Section may not be adopted until after the public hearing and after the 30th day after the date the written notice was mailed to owners within 200 feet. The amending ordinance shall be ready for Council action at the first regular council meeting following expiration of the 30-day period. At any time prior to enactment of the amending ordinance, the zoning request, at the option of the Council, may be recalled for a new public hearing.
(Ordinance 477 adopted 11/7/14)