Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 2 Zoning And Land Use Ordinance » § 14-219 Amendments.
Print This Page
PDF
Go to
14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Maryville
Title 14 : Zoning and Land Use Control
Chapter 2 : Zoning And Land Use Ordinance

14-219 : Amendments.

  1. Initiation of amendments.
    1. The city may initiate an amendment to this chapter.
    2. Any other person may also petition to amend this chapter. The petition shall be filed with the development services office on forms provided by the administrator. The petition shall include, among other information deemed relevant by the administrator:
      1. The name, address, and phone number of the applicant;
      2. A description of the land affected by the amendment if a change in zoning district classification is proposed; and
      3. A description of the proposed map change or a summary of the specific objective of any proposed change to the text of this chapter.
  2. Planning commission consideration of proposed amendments. Prior to the final action by city council, a proposed amendment to this chapter shall be submitted to the planning commission for approval or disapproval; provided that if the planning commission votes to disapprove of the amendment, it must receive favorable vote of a majority of the entire membership of city council for approval.
  3. Hearing required; notice.
    1. City council shall hold a public hearing prior to the final reading on any amendment to this chapter. The notice of the public hearing shall be published in a newspaper having general circulation within the city at least fifteen (15) days prior to the hearing.
    2. With respect to zoning map amendments, the administrator shall mail written notice of the public hearing to the record owners for tax purposes of all properties whose zoning classification is changed by the proposed amendment. However, such notice shall not be required for the readoption of the zoning map or adoption of a new zoning map for the entire city.
    3. The planning staff shall also take any other action deemed useful or appropriate to give notice of the public hearing on any proposed amendment.
    4. The notice required or authorized by this section shall:
      1. State the date, time and place of the public hearing;
      2. Summarize the nature and character of the proposed change;
      3. If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;
      4. State that the full text of the amendment can be obtained from the development services department; and
      5. State that substantial changes in the proposed amendment may be made following the public hearing.
    5. The planning staff shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the council's intention that no failure to comply with any of the notice provisions (except those set forth in subsection (a) above) shall render any amendment invalid.
  4. Ultimate issue before council on amendments. In deciding whether to adopt a proposed amendment to this chapter, the central issue before the council is whether the proposed amendment advances the public health, safety, or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the mayor and excluded. In particular, when considering proposed zoning map amendments:
    1. The council shall not consider any representations made by the petitioner that if the change is granted, the rezoned property will be used for only one (1) of the possible range of uses permitted in the requested classification. Rather, the council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.
    2. The council shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large.
    3. The council shall not zone property to a district in conflict with the land use plan and the future land use map without first amending said plan.
    4. The council shall consider the recommendation made by the planning commission. (Ord. #2019-04, March 2019)