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2010-03-04
CITY-OF-BATESVILLE
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2010-03-04
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g. The Commission shall vote on the proposed amendment and, if adopted, certify <br /> recommended ordinances and regulations to the City Council for its adoption. <br /> • 2. Amendments initiated by a property owner or property owners <br /> a. Amendments to the Official Zoning Map requested by property owners shall be <br /> submitted to the Enforcement Officer via an application in such form, and providing <br /> such information, as the Commission may require. The application shall be reviewed <br /> for completeness and accuracy; the process shall not proceed until all required <br /> information is submitted. <br /> b. The Enforcement Officer shall post a sign or signs in conformance with the provisions <br /> of D.2.b. below. <br /> c. The Enforcement Officer shall fix a date for a public hearing. Notice of such hearing <br /> shall be in accordance with the provisions of D.2.a. below. <br /> d. Prior to the opening of a hearing, the Planning Commission shall be provided with <br /> evidence that all procedural requirements, including notification of affected property <br /> owners, have been satisfied. <br /> e. Within thirty (30) days following the public hearing, the Planning Commission shall <br /> make a specific finding as to whether or not the change is consistent with the <br /> objectives of the Zoning Code and with Plans adopted by the Planning Commission, <br /> and that the purpose of the amendment is not based exclusively upon a desire to <br /> increase the value or income potential of the property. The Planning Commission <br /> shall make written recommendations to the City Council setting forth the basis for its <br /> • recommendations. A copy of these recommendations shall be submitted to the <br /> applicant at the same time. <br /> f. If the Commission disapproves a proposed change in zoning classification, the reason <br /> for such disapproval shall be given in writing to the applicant within fifteen (15)days <br /> from the date of the decision. The applicant may appeal such disapproval to the City <br /> Council, provided that the applicant states specifically in writing to the City Clerk why <br /> (s)he considers the Commission's findings and decisions to be in error. Such appeal <br /> shall be filed with the City Clerk within fifteen (15) days after the date the <br /> Commission sends the written notice to the applicant. If the applicant provides <br /> information not available to or considered by the Commission, the request will <br /> automatically be returned to the Commission for reconsideration. The City Council <br /> will not consider any appeal as a de novo request. <br /> h. Effect of Denial of Amendment <br /> An application for a change in zoning classification that has been denied by either the <br /> Commission or City Council will not be reconsidered by the Commission for a period <br /> of six (6) months of elapsed time from the date of final disapproval, unless the <br /> Commission determines through three-fourths (3/4) majority vote of the entire <br /> Commission that a substantial reason exists for waiving this mandatory waiting <br /> period. <br /> D. Procedural Requirements <br /> • 1. Update of the Comprehensive Plan <br />
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