Whenever the public necessity, convenience, general welfare or zoning practice warrants such action, the city council, by favorable vote of a majority of the members, may amend, supplement, modify or repeal the regulations or zoning district boundaries herein established in accordance with the provisions of Code of Ala. 1975, § 11-52-77.

(Ord. No. 2023-004-PZ, 4-25-23)

A proposed change of the zoning district boundaries or of the regulations may be initiated by the city council, the planning and zoning board or by petition of one or more owners or authorized agents of such owner or owners of property within the area proposed to be changed.

(Ord. No. 2023-004-PZ, 4-25-23)

A.

Any proposed amendment, supplement, modification, or repeal shall first be submitted to the planning and zoning board for its recommendations and report. The planning and zoning board may, upon its own initiative, hold public hearings, public notice of which shall be given, for the consideration of any proposed amendment to the provisions of this article, and report its recommendations to the city council. The planning and zoning board report shall be transmitted to the city council within 30 days after receipt, unless the city council grants an extension of such period, otherwise the proposed amendment, supplement, modification or repeal shall be considered to have been recommended by the planning and zoning board.

B.

After having received the recommendation of the planning and zoning board or if no recommendation is received prior to the expiration of time provided therefore in the next preceding paragraph, the city council, if it desires to consider the proposed amendment, supplement, modification or repeal, shall proceed to hold a public hearing in relation thereto, giving not less than 15 days' notice of the time, place, and object thereof by publication in a newspaper of general circulation in the city, or by posting such notice in four conspicuous places within the limits of the city, one of which places shall be the city hall, or by both newspaper publication and posting.

C.

If the city council takes no final action upon the proposed amendment, supplement, modification or repeal within 90 days after receipt of the recommendation of the planning and zoning board, or if no recommendation is received, within 90 days after the expiration of the time provided in the first paragraph of this section, the proposed amendment, supplement, modification or repeal shall be deemed to have been rejected and overruled by said legislative body.

(Ord. No. 2023-004-PZ, 4-25-23)

Petitions as described in section 2.0 for proposed changes of the zoning district boundaries or of the zoning regulations may be initiated by the city council, the planning and zoning board, or by petition of property owners or their agents.

When a rezoning request is made by the property owner or his authorized agent, the following procedure shall be followed:

4.1

Application filing procedure.

A.

The application for rezoning shall be made on a form available from the city clerk's office.

B.

The application shall contain the following information, which shall be provided by the applicant or his or her duly authorized representative:

1.

Name and address of the applicant.

2.

Address and legal description of the property under consideration.

3.

Present zoning of the property under consideration.

4.

Requested zoning classification(s).

5.

Reason for the rezoning request.

6.

Availability of required utilities.

7.

A map, drawn to scale, indicating the dimensions and exact location of the site in relation to the vicinity in which it is located; location of all public rights-of-way; location and dimension of all existing and proposed buildings and structures on the site and adjacent sites and the nature and location of all existing and proposed facilities for the disposal of stormwater drainage, and expected traffic volumes.

8.

A complete list of names and mailing addresses of those property owners with land contiguous to the site for which and application for change is being made, as well as a complete list of all owners, along with their mailing address, of property within 500 feet of the subject property, as shown on the official records of the office of the county tax assessor.

C.

The application shall be submitted to the city clerk at least 21 days prior to the planning and zoning board's regularly scheduled meeting. A rezoning fee of $100.00 is required at the time of filing the application for change.

4.2

Public hearing by the planning and zoning board. After the application for change has been properly filed with the city and the required fee paid, the following procedure shall apply:

A.

At least 15 days prior to the planning and zoning board meeting at which the rezoning request is to be presented and initially considered, the city clerk or his/her duly authorized representative shall give, or cause to be given, written notice to all property owners located in whole or in part within 500 feet of the boundaries of the subject property as shown by the official records of the county tax assessor, on a date not more than one year prior to the date of such notice. This notice shall state:

1.

The location of rezoning request (by mailing address or legal description).

2.

The nature of the rezoning request indicating the current zoning classification(s) of the site and the proposed rezoning classification(s).

3.

The correct time, date and location of the planning and zoning board meeting at which said rezoning request is to be formally presented and considered.

4.

A brief statement to the public informing them that they will have an opportunity to speak for or against such proposed change at the public hearing.

B.

Such notice shall be deemed to be given when deposited in the United States mail, first class postage pre-paid, addressed to such property owners at their addresses as shown on the official records of the office of the county tax assessor. Any error in the giving of any such notice shall not invalidate the giving of notice provided that no more than five percent of the total number of notices given contain any such error.

C.

The planning and zoning board shall hold a public hearing at the first regularly scheduled meeting after compliance with notice requirements as set forth herein are met, and the planning and zoning board shall render a decision on the application at that meeting or at the next regularly scheduled meeting unless additional information is required. If additional information is required, the planning and zoning board shall have 30 days from the date of submittal of this additional information to the city, in which to make a recommendation on the request to the city council.

NOTE: The municipal governing body (city council) is not bound by the recommendations of the planning and zoning board, nor is it even necessary for the planning and zoning board to make any specific recommendations for or against adoption. The law merely requires consideration and a report by the planning and zoning board on zoning measures before the municipal governing body has power to enact them.

Once the governing body receives the report of the planning and zoning board, the responsibility shifts to the governing body to follow the procedures set out at Code of Ala. 1975, § 11-52-77, as amended.

(Ord. No. 2023-004-PZ, 4-25-23)

A.

Upon receipt of the recommendation of the planning and zoning board, the city council shall give a "first reading" of the proposed amendment at the next regularly scheduled city council meeting after notice and set same for a public hearing.

B.

Following proper notification of adjoining property owners as enunciated in subsection 4.2, the city shall publish the proposed request in full for one insertion in a newspaper of general circulation published within the city, not less than 15 days in advance of such hearing, together with a notice stating the time and place that the ordinance is to be considered by the municipal governing body and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such ordinance, one week after the first insertion, the municipal governing body shall have published a synopsis of the proposed ordinance, which synopsis shall refer to the date and name of the newspaper in which the proposed ordinance was first published. Both such insertions shall be published at least 15 days in advance of the passage of the ordinance. If there is no newspaper, then the governing body must cause the ordinance and the notice to be posted in four conspicuous places within the municipality provide public notice in accordance with the Code of Ala. 1975 § 11-52-77, as amended.

C.

After such hearing by the municipal governing body (city council), the ordinance may be adopted as reported by the planning and zoning board or in such amended form as it deems best in its discretion. However, if the city council makes substantial changes in the ordinance which it first advertised or posted, whichever is applicable, the city council should hold another public hearing after giving notice as required.

D.

After adoption of the ordinance by the city council, it must again be published in the same manner as are all municipal ordinances according to the provisions of Code of Ala. 1975, § 11-45-8, as amended.

(Ord. No. 2023-004-PZ, 4-25-23)

The planning and zoning board and/or city council, may upon its own initiative, begin the process of rezoning property and/or other zoning amendments. They may upon their own initiative, hold public hearings for the consideration of any proposed amendment to the provisions of this article after notice thereof is given in accordance with the provisions of this article, relative to aforementioned procedures for notification, advertisement or posting, hearings, and adoption.

The regulations and the number, area, and boundaries or districts established by this ordinance may be amended, supplemented, changed, modified, or repealed by the city council, but no amendment shall become effective unless it is first submitted to the planning and zoning board. At its own initiative this body may hold public hearings, public notice of which shall be given, for the consideration of any proposed amendment to the provisions of this appendix or to the zoning map of Trussville, and report its recommendations to the city council. The provisions of Code of Ala. 1975, §§ 11-52-74 and 11-52-77 or as same may be amended shall apply to all changes and amendments.

(Ord. No. 2023-004-PZ, 4-25-23)

If the proposal is rejected by the planning and zoning board, the decision may be appealed to the city council. Should the city council then deny the appeal, the same kind of rezoning of the same tract or parcel of land will not be considered by the planning and zoning board until a period of one year has elapsed from the date of such action by the city council. Further, a withdrawal of the application for rezoning after the hearings held by the planning and zoning board, but prior to the hearing held by the city council shall also require a one-year time period before another application on the same request may be submitted. However, the planning and zoning board may adjust this time period if in the opinion of a majority of the board, an unusual situation or circumstance exists which would warrant another hearing or if a different proposal is made on the property. Each time the rezoning amendment application is made, the required administration fee must be paid, and under no condition shall said sum or any part thereof be refunded for failure of such proposal or amendment to be enacted into law.

(Ord. No. 2023-004-PZ, 4-25-23)