(A) General. The regulations, restrictions, boundaries and provisions set forth in this chapter may, upon proper application by the property owner or its designated representative or by an appropriate governmental agency, board or commission, or the Board of Mayor and Aldermen, be amended, supplemented, revised or repealed from time to time as conditions warrant, as herein set forth.
(B) Initiation of amendment. Amendments may be initiated by the Board, the Planning Commission or by an application of one or more owners of property affected by the proposed amendment.
(C) Application for amendment; fee.
(1) The application for amendment may be made separately by the property owner or his or her designated agent filed in writing on forms provided by the Town along with payment of an application fee as prescribed in Resolution 98-28 (as amended) and shall contain information and exhibits as outlined on the application form and as may be necessary in accordance with this chapter.
(2) Failure to provide the minimum information enumerated above shall constitute grounds for disapproval of the proposed amendment to the Zoning Ordinance.
(3) The completed application shall be submitted in compliance with the then existing deadlines as set periodically by the Town. The applicant shall not be permitted to submit revisions to the proposed text or map amendment or provide supplemental information in support of the application less than 30 days prior to the scheduled meeting of the Planning Commission.
(D) Review and recommendation of the Planning Commission. The Planning Commission shall review and make a recommendation to the Board of Mayor and Aldermen on all proposed amendments to this chapter. No change in or departure from the text or maps as certified by the Planning Commission shall be made, unless such change or departure is first submitted to the Planning Commission for a recommendation of approval and, if recommended for disapproval by the Planning Commission, receive the favorable vote of a majority of the entire membership of the Board of Mayor and Aldermen.
(E) Grounds for an amendment. The Planning Commission in its review and recommendation to the Board of Mayor and Aldermen and the Board in its deliberations shall make specific findings with regard to the following grounds for an amendment and shall note the same in the official record as follows:
(1) The amendment is in agreement with the Comprehensive Plan and Land Use Plan for the Town (subject to subsection (4) below);
(2) It has been determined that the legal purposes for which zoning exists are not contravened;
(3) The proposed amendment shall be consistent with the intent and purposes of this chapter;
(4) If not in conformance with the adopted Comprehensive Plan and Land Use Plan, the proposed amendment shall be necessary because of substantially changed or changing conditions in the area and districts affected or in the Town generally;
(5) It has been determined that there will not be a material adverse effect upon adjoining property owners unless such adverse effect can be justified by the overwhelming public good and welfare;
(6) It has been determined that no one property owner or small group of property owners will benefit materially from the change to the detriment of the general public;
(7) It has been determined that public infrastructure (for example, transportation and utilities) are adequate to serve the full range of permitted and conditional uses of the proposed zoning classification.
(F) Public hearing and notice of hearing.
(1) The Planning Commission during its deliberation shall facilitate public comment concerning any proposed amendment to the Zoning Ordinance. The Development Director or his or her designee shall publish a notice of the meeting at least ten days in advance of a scheduled meeting of the Commission. Written notification shall also be mailed to property owners within 500 feet of the subject parcel at least ten days in advance of the scheduled meeting of the Commission. The notice shall contain, at a minimum, the date, time and location of the meeting and the current and proposed change in zoning and a plot plan of the parcel(s) under consideration.
(2) A public hearing shall be held on all proposed amendments to this chapter prior to the final reading by the Board of Mayor and Aldermen. Notice of such hearing shall be displayed as follows:
(a) The Development Director or his or her designee shall give notice in a newspaper of general circulation to the Town of Collierville at least 15 days, but no earlier than 30 days, prior to the public hearing. This notice shall specify the date and time and location of the hearing and also the current and proposed zoning classification and a plot plan of the subject parcel(s);
(b) At least 15 days prior to the public hearing before the Board, the affected property owners within 500 feet of the parcel(s) under consideration by the Board, including those separated by a public way or corporate limit boundary, shall be notified by mail of the proposed amendment, including the date, time and location of the hearing and also the current and proposed zoning classification and a plot plan of the subject parcel(s).
(G) Amendments affecting Official Zoning Map. Upon enactment of an amendment to the Official Zoning Map, which is a part of this chapter, the Town Planner shall cause such amendment to be placed upon the Official Zoning Map noting thereon the ordinance number and effective date of such amendment.
(H) Effect of denial of application. Whenever an application for a change in the Official Zoning Map is denied, the application for such change shall not be eligible for reconsideration for one year following such denial, except in the following cases:
(1) Upon initiation by a majority of the entire membership of the Board of Mayor and Aldermen;
(2) When a new application, although involving all or a portion of the same property, is for a different zoning classification than that for which the original application was made;
(3) When the previous application was denied for the reason that the proposed zoning would not conform with the adopted Land Use Plan, and the Land Use Plan has subsequently been amended in a manner which will allow the proposed change in zoning classification.
(I) Time limit. All amendments initiated by application filed with the Town shall be reviewed by the Planning Commission within 60 days of the submission of a complete application in conformance with the submittal requirements of this chapter. The recommendation of the Planning Commission shall be forwarded to the Board of Mayor and Aldermen along with the application for consideration within 45 days of action by the Planning Commission.
(`00 Code, § 11-1008) (Ord. 2004-12, passed 7-26-04)