May 2007 Public Hearing1

PUBLIC HEARING
MAY 7, 2007
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4.         An application to alter conditions of rezoning may be submitted at any time after the final decision of the Mayor and Council.  The Applicant must show a change in circumstances or additional information not available to the Applicant at the time of the original decision by the Mayor and Council to impose the condition.  Another application to alter the same condition shall not be submitted more than once every twelve (12) months, such interval to begin on the date of the final decision by the Mayor and Council on said application to amend the condition.
5.         An application may be withdrawn without prejudice at any time prior to the planning commission meeting.  Withdrawal subsequent to that time shall mean such application may not be resubmitted for consideration for a period of six (6) months, counting from the date of withdrawal to the date of renewed application.  Unless withdrawn at a hearing, the withdrawal must be in writing, signed and dated by the applicant.

B.        Each application required by this Ordinance, including without limitation, to amend this Ordinance or the official zoning map shall be filed with the city clerk.  Applications shall be submitted in compliance with the following paragraphs:

C.        Text amendment applications shall include the following:
1.         name and current address of the applicant;
2.         current provisions of the text to be affected by the amendment;
3.         proposed working of text change; and
4.         reasons for the amendment request.

D.        Official zoning map amendment applications shall include the following:
1.         One (1) copy of a plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract and location of any structures presently on the property or proposed for construction on the property prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid.  The preparer’s seal shall be affixed to the plat;
2.         The present and proposed zoning district for the tract;
3.         Existing and intermediate regional flood plain and structures;
4.         The names and addresses of the owners of the land and their agents, if any;
5.         The names and addresses of all adjoining property owners.  In determining the adjoining property owners, road, street or railroad rights-of-way shall be disregarded;
6.         Such other and additional information as may be requested by the Mayor and Council.

E.         An application shall be submitted at least twenty-one (21) days prior to the date on which it is to be considered by the planning commission.  Application fees for an application to amend this Ordinance or the official zoning map shall be established by the Mayor and Council A fee shall not be charged for applications initiated by the planning commission or the Mayor and Council.

PUBLIC HEARING
MAY 7, 2007
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F.         With respect to amendments to the official zoning map, an applicant may file site plans, renderings, construction specifications, written development restrictions and other conditions which the applicant proposes as binding conditions upon the development and use of the property involved in the application; provided, however, that such conditions or alternations or changes thereto shall be filed with the city clerk at least seven (7) days prior to the public hearing before the planning commission.  If such conditions or alterations or changes thereto are proposed by an applicant and have not been filed as required by this paragraph, the Mayor and Council, at the time of the public hearing on the application, may defer any action on such application to a specific meeting date which will permit the planning commission to conduct another hearing to consider the applicant’s proposal prior to consideration of the application by the Mayor and Council and this action shall constitute public notice of such hearings and no additional notices shall be required prior to the hearings so scheduled by the Mayor and Council.  The date designated for action on the application shall be set at a time which will allow the applicant to comply with the filing requirements of this paragraph.

G.        Legal Notice.  Due notice of the public hearings pursuant to this Section shall be published in the newspaper of general circulation within the city at least fifteen (15) days prior to the date of the scheduled hearing of the Mayor and Council but not more than forty-five (45) days prior to the date of the scheduled hearing conducted by the Mayor and Council.  If the application is initiated by the Mayor and Council, the notice shall state the time, place, and purpose of the public hearing.  If the application for amendment to the official zoning map is initiated by anyone other than the Mayor and Council, then the notice shall also include the location of the property, the present zoning district of the property, and the proposed zoning district of the property.  The cost of the advertisement shall be borne by the applicant.  The notice shall also state, “Notice is hereby given that the Mayor and Council have the power to impose a different zoning classification from the classification requested, and I pose or delete zoning conditions that may change the application considerably.”

H.        Signs Posted.  If the application for amendment to the official zoning map lis initiated by anyone other than the Mayor and Council, a sign shall be posted, at least fifteen (15) days prior to the Mayor and Council’s public hearing, in a conspicuous place in the public right-of-way fronting the property or on the property for which an application has been submitted, a sign containing I formation as to the application and date, time and place of the public hearing.

I.          Before taking action on a proposed application and after receipt of the Planning Commission recommendations, the Mayor and Council shall hold a public hearing on the proposed application made pursuant to this Section.  At the public hearing, the Mayor and Council shall review the application submitted by the initiating party, and the recommendation prepared by the Planning Commission.  So that the purpose of this Ordinance will be served, health, public safety and general welfare secured, the Mayor and Council may approve or deny the application, reduce the land area for which the application is made, change the district or land use category requested, or add or delete conditions made a part of the application.  The Mayor and Council shall have the power to impose a different zoning classification from the classification requested, and may impose zoning conditions which ameliorate the impact of the zoning on neighboring property owners, or serve other lawful

PUBLIC HEARING
MAY 7, 2007
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purposes of ths Ordinance.  An action by the Mayor and Council to defer the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application; and no further notice is required.

J.         Zoning conditions approved by the Mayor and Council shall have the full force and effect of law.  A condition to rezoning approval may be imposed regardless of whether it is approved by the applicant or property owner.  Use or development of the rezoned property shall not be permitted unless the conditions are fully complied with.

K.        Conduct of the hearing.
1.         All persons who wish to address the Mayor and Council at a hearing concerning a proposed application under consideration by the Mayor and Council shall first sign up on a form to be provided by the City prior to the commencement of the Hearing.
2.         The City Clerk or his designee will read the proposed application unde3r consideration prior to receiving public input on said proposed application.  Proposed applications shall be called in the order determined by the Mayor and Council.
3.         The Mayor shall call each person who has signed up to speak on the zoning decision in the order in which the persons have signed up to speak, except the applicant who will always speak first.  Prior to speaking, the speaker will identify himself or herself and state his or her current address.  Only those persons who signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the Mayor and Council, in its discretion, allow the person to speak to the application, notwithstanding the failure of the person to sign up prior to the hearing.
4.         Each speaker shall be allowed five (5) minutes to address the mayor and Council concerning the application then under consideration, unless the Mayor and Council, prior to or at the time of the reading of the proposed zoning decision, allows additional time in which to address the Mayor and Council.  The applicant or his representative may initially use all of the time allotted to him to speak, or he may speak and reserve a portion of his allotted time for rebuttal. Provided, however, that the proponents and opponents of each application shall have no less than then (10) minutes per side for presentation of data, evidence, and opinion thereon.
5.         Each speaker shall speak only to the merits of the proposed application under consideration and shall address his remarks only to the Mayor and Council.  Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration.  The Mayor and Council may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.
6.         Nothing contained herein shall be construed as prohibiting the Mayor and Council from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.
7.         These procedures shall be available in writing at all hearings.