The Vivian Board of Aldermen may, from time to time, amend, supplement, or change the regulations, restrictions, or boundaries herein or subsequently established. Such amendment, supplement, or change may be initiated:

(1)

By action of the Vivian Board of Aldermen itself by introduction of an ordinance or by adoption of a motion (after study and recommendation by the planning and zoning commission).

(2)

By recommendation of the planning and zoning commission.

(3)

By petition (or request) of property owners for an amendment to the ordinance.

(Ord. No. 483, § XI A, 10-8-01)

Petitions (or requests) by property owners for the amendment, supplementation, or change of the zoning ordinance shall be filed with the planning and zoning commission. In filing such petitions (or requests), the following rules shall apply:

(1)

No petition (or request) for a change in the classification of property shall be filed unless such petition (or request) is duly signed and acknowledged by the owners or authorized agents of the area of land for which a change of zoning classification is requested.

(2)

If the proposed amendment would require a change in the zoning map, the petition (or request) for a change in zoning classification shall contain a written legal description of the land area involved.

(3)

If the proposed amendment would require a change in the zoning map, the petition (or request) for a change in classification shall be accompanied by a plat or plot plan depicting the land area involved, and the proposed improvements, if any.

(4)

If the proposed amendment would require a change in the zoning map, the petition (or request) for a change in classification shall be accompanied by a certified list of names and mailing addresses of each property owner of property lying within a distance of three hundred (300) feet from the boundaries of the proposed property to be considered. The certified list must be obtained from (NLCOG) North Louisiana Council of Governments.

(5)

Each petition (or request) shall be accompanied by a deposit of two hundred fifty dollars ($250.00) to cover the cost of processing and advertising the amendment for a change in the zoning ordinance and/or zoning map. Under no conditions shall said sum or any part thereof be refunded for failure of said change to be adopted by the board of aldermen.

(6)

Each petition for a change in the classification of property shall conform to such standards and requirements as the planning and zoning commission shall adopt.

(7)

Whenever a petition is filed requesting a change or amendment to this chapter, and said petition has been finally acted upon by the board of aldermen, or when said petition has received no action on the part of the board of aldermen within ninety (90) days, or when said petition has been officially advertised for public hearing but has subsequently been withdrawn either before or after said public hearing has been held, then the board of aldermen shall not consider any further petition requesting or proposing such change or amendment for the same property within a period of two (2) calendar years from the date of the board of aldermen's final legal action on said petition, or from the expiration of the aforesaid ninety-day period in case action has not been taken by the board of aldermen, or from the date of withdrawal of said petition; provided however, that said petition has been officially advertised. This provision shall not apply in cases where the board of aldermen wishes to consider a petition involving a comprehensive zoning revision of an area larger than twenty (20) acres.

(Ord. No. 483, § XI B, 10-8-01; Ord. No. 662, 2-10-14)

No amendment, supplement, or change of the zoning ordinance or zoning district map shall become effective unless and until:

(1)

There shall have been held a public hearing in relation thereto before the planning and zoning commission at which parties in interest and citizens shall have had an opportunity to be fully heard.

(2)

Notice of the proposed change and of the time and place of the hearing shall have been published once a week for three (3) different weeks in the official journal of the Town of Vivian. At least fifteen (15) days shall elapse between the first publication and the date of the hearing.

(3)

After the public hearing as provided above, the planning and zoning commission shall have submitted its report and recommendations upon the proposed change and amendment to the board of aldermen. The board of aldermen shall not take official action upon the change and amendment until the report of the planning and zoning commission has been received; provided, however, that, if the report has not been filed within forty-five (45) days after the date of the public hearing, the board of aldermen may then take official action upon the change or amendment.

(4)

A final yea or nay vote shall have been taken on the proposal by the board of aldermen within ninety (90) days from the introduction of an ordinance, or the adoption of a motion by the board of aldermen, or from the filing of the petition of property owners or owner in correct form.

(5)

The provisions of this section do not apply in cases where there is a proposal to enact an entire new ordinance to change the text as a whole, or to change all of the zoning district map, or both, in which event the procedure set out in Act 240 of 1926 (Revised Statutes of 1950, Title 33: Sections 4721 through 4730) and Legislative Act 196 of 1960, shall be followed.

(Ord. No. 483, § XI C, 10-8-01)