AMENDMENTS
Zoning regulations and restrictions and district boundaries may from time to time be amended, supplemented, changed, modified or repealed in the following manner:
Section 1101 Initiation of Application for Zoning Change to Planning Board
The Planning Board or the Village Council of the Village of Misenheimer or any person may initiate an application for a change in the text or a change in the zoning map.
Section 1102 Procedures and Guidelines for Zoning Change Application
The application for a rezoning of a particular piece(s) of property and change in the zoning map shall be made on a form provided by the Zoning Administrator. All applicable fees and expenses incurred by the Village for the processing of a rezoning application shall be paid by the applicant prior to the issuance of a final notification of action taken.
Each non-contiguous parcel of land for which rezoning is requested shall be considered as a separate application, and a fee (as established by the Village Council) shall accompany each such application. There shall be no fee for applications initiated by the Village of Misenheimer. For the purpose of this section, land traversed, and/or adjoining property shall be construed to mean and include property on the opposite side of any street, stream, railroad, road or highway from the property sought to be rezoned. In the event the owner of the property sought to be rezoned owns additional property or properties adjoining the property in question, said additional property shall also be construed to mean and be included in the property of the owner sought to be rezoned. Said additional property may or may not be included in the rezoning application, at applicant’s discretion.
Section 1103 The Application Form
The application for a change in the text shall be made on a form provided by the Zoning Administrator and the filing fee and the disposition of associated expenses shall be the same as stated in Section 1102. The application shall contain a reference to the specific section, subsection, paragraph or item proposed to be changed, as well as exact wording of the proposed change and the reasons therefore.
Section 1104 Process for the Completed Application Form
Once a completed application has been received by the Zoning Administrator, he shall promptly review it, and, if complete, he shall refer the application to the Planning Board for consideration at its next regularly scheduled meeting. The Planning Board shall have thirty (30) calendar days from the date of referral by the Zoning Administrator to review the application and to submit its recommendation to the Village Council. If a recommendation is not made during said time period, the application shall be forwarded to the Village Council without a recommendation.
A Planning Board member shall not vote on any zoning map of text amendment where the outcome of the matter being considered is reasonable likely to have a direct, substantial, and readily identifiable financial impact on the member.
Section 1105 Possible Recommendations in Response for Request for Change in Zoning Map
The Planning Board may make one of the following recommendations to the Village Council. If the petition is for rezoning and change in the zoning map, then the Planning Board may make one of the following recommendations:
(A) Grant the rezoning as requested, or
(B) Grant the rezoning with a reduction of the area requested, or
(C) Grant the rezoning to a more restricted district or districts, or (For the purposes of this Article the general zoning districts of this Ordinance are listed in the following order from most restrictive to least restrictive: Park and Recreation District, R-A, R-R, R-S, R-M, I-U, C-B, G-B, H-B, M-1), or
(D) Deny the application.
Upon making a recommendation, the Planning Board shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Village Council that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board.
Section 1106 Possible Recommendations in Response for Request to Change the Text of the Zoning Ordinance
If the petition is to amend the text of this Ordinance, the Planning Board may make one of the following recommendations to the Village Council.
(A) Adopt the proposed amendment as written, or
(B) Adopt the amendment as revised by the Planning Board, or
(C) Reject the amendment.
Section 1107 Process for Village Council Actions on Planning Board Decisions
The Zoning Administrator shall transmit any decision of the Planning Board to the Village Council. Once action has been taken by the Planning Board or the time for action by the Planning Board has expired, the Village Council shall, no later than their next regular scheduled meeting, consider calling for a public hearing on a requested zoning change. Notification of the public hearing shall be made in the following manner:
(A) A notice shall be published in at least one (1) newspaper having general circulation in the area once a week for two (2) successive weeks, the first notice to be published not less than ten (10) calendar days nor more than twenty-five (25) calendar days prior to the date established for the hearing. In computing such time the date of publication is not to be included but the date of the hearing shall be included.
(B) A notice shall be placed at a conspicuous public place within the corporate limits of the Village not less than ten (10) calendar days nor more than twenty-five (25) calendar days before the date established for the public hearing.
(C) A notice shall be posted in a conspicuous place on the subject property or on an adjacent street or highway right-of-way at least ten (10) calendar days prior to the public hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the Village shall post sufficient notices to provide reasonable notice to interested parties.
(D) At least ten (10) calendar days prior to the public hearing, a notice of the proposed zoning change shall be sent by first class mail to all adjacent and abutting property owners as well as to the owner(s) of the parcel(s) for which rezoning is requested.
In the case of large-scale rezonings (more than fifty (50) properties owned by a total of at least fifty (50) different property owners), the Village may elect to publish notice of the hearing per 1107 (A), provided that each of the advertisements shall not be less that one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulations of the newspaper, which publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified by first class mail.
(E) The Zoning Administrator shall certify that the requirements of Sub-sections 1107 (B), (C), and (D) have been met. For large rezonings that incur high costs due to the number of properties proposed for rezoning or the number of adjacent and abutting property owners, the Village reserves the right to charge the petitioner a separate fee to cover costs incurred.
Section 1108 Procedure for Petition of Protest
A written petition of protest may be filed with reference to any proposed change to the zoning map. In case of a protest against such change, an amendment shall not become effective except by three-fourths (3/4) vote of the Village Council. For purposes of this subsection, vacant positions on the Council and members who are excused from voting shall not be considered ‘members of council’ for calculation of the requisite three-forths vote. To qualify as a protest, the petition must be signed by the owners of either (i) twenty percent (20%) or more of the area included in the proposed change or (ii) five percent (5%) of a 100-foot-wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. A street right-of-way shall not be considered in computing the 100-foot buffer area as long as that street right-of-way is 100 feet wide or less. When less than an entire parcel of land is subject to the proposed zoning map amendment, the 100-foot buffer shall be measured from the property line of that parcel. In the absence of evidence to the contrary, the Village may rely on the county tax listing to determine the ‘owners’ of potentially qualifying areas. A person who has signed a protest petition may withdraw his or her name from the petition at any time prior to the vote on the proposed zoning amendment. Only those protest petitions that meet the qualifying standards set forth in this Ordinance at the time of the vote on the zoning amendment shall trigger the supermajority voting requirement. This section shall not be applicable to any amendment which initially zones property added to the territorial coverage of this Ordinance as a result of annexation or otherwise.
(A) No protest against any proposed change shall be valid or effective unless it be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment and unless it shall have been received by the Village Clerk in sufficient time to allow the Village at least two (2) normal work days excluding Saturdays, Sundays and legal holidays before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition. All protest petitions shall be on a form prescribed and furnished by the Zoning Administrator and such form may prescribe any reasonable information deemed necessary to permit the Zoning Administrator to determine the sufficiency and accuracy of the petition. No fees for processing any such petition shall be assessed by the Village.
Section 1109 Village Council Process after the Public Hearing
After the public hearing has been conducted and officially closed, the Village Council shall render a decision concerning the proposal. The Village Council reserves the right to render such decision immediately following the closing of the public hearing or at a meeting held at a later date. The decision shall be made in any one of the methods provided in Sections 1105 or 1106. A Village Council member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonable likely to have a direct, substantial, and readily identifiable financial impact on the member.
Prior to adopting or rejecting any zoning amendment, the Village Council shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the Village Council considers the action taken to be reasonable and in the public interest.
Section 1110 Time Limits on Repeat Applications
If the Village Council has denied an application for the change of any zoning district or change in zoning text, it shall not thereafter accept any application for the same property or any portion thereof or similar change in the zoning text until the expiration on one (1) year from the date of such previous denial.
Section 1111 Recording of Rezoning and Changes
Following adoption of rezoning and change to the Zoning Map, and/or amendment to this Ordinance; the Town Clerk shall modify all affected documents, record said modifications on the appropriate record(s) of change, and issue replacement pages to all holders of record. The Zoning Administrator shall, from time to time, audit record copies to assure compliance.