ARTICLE C: AMENDMENTS

§ 5-4-16 INTRODUCTION.

   The regulations, restrictions, and zoning districts set forth in this ordinance may from time to time be amended, supplemented, changed, or repealed by the City Council, after consultation with the Planning Commission, and in accordance with the following procedures.

§ 5-4-17 INITIATION OF AMENDMENT.

   (A)   An amendment to the zoning ordinance text or Zoning Map may be initiated by an adopted motion of the City Council, an adopted motion of the Planning Commission, by the Code Enforcement Director, or by a property owner or an agent authorized by the owner in writing to request rezoning.

   (B)   Amendment requests shall be initiated using a form provided by the Code Enforcement Director, accompanied by the required documents and information, a plat of the property showing the names of surrounding property owners, and a filing fee established by resolution of the City Council.

   (C)   Amendment requests should be received at least thirty (30) days prior to a regular meeting of the Planning Commission in order to ensure that they will be heard at that meeting.

§ 5-4-18 AMENDMENT PROCEDURE.

   Following the initiation of an amendment request, the following steps are required for the adoption of a text or Map amendment:

   (A)   The proposed amendment application shall be referred to the Planning Commission for review and recommendation. The Planning Commission shall review the request at an open meeting at which the person initiating the request may be allowed to make written or oral presentations. If oral or written comments are taken from the applicant, the Planning Commission shall give other interested members of the public an opportunity to make comments at the meeting. The review of the amendment request by the Planning Commission shall include a determination of whether the proposed amendment is in conformity with the City of Dillon Comprehensive Plan. The Planning Commission shall file with the City Council its report and recommendation on the proposed amendment within forty-five (45) days of the receipt of the amendment application.

   (B)   Planning Commission shall hold a public hearing on the proposed amendment. Newspaper notice of the public hearing shall be published at least fifteen (15) days prior to the hearing in a newspaper of general circulation in the community.

   (C)   For amendments which request a change to the Zoning Map, notices of the public hearing shall be posted on or adjacent to the property which is proposed to be rezoned, with one (1) notice visible from each street bordering the property.

   (D)   For amendments which request a change to the Zoning Map, notices of public hearing shall be mailed to all adjacent land owners and to groups which have filed a written request for notices.

   (E)   The amendment ordinance may be introduced for first reading of the City Council on the same date as the public hearing on the amendment.

   (F)   The City Council may adopt or reject the amendment ordinance on second reading at least six (6) days after the first reading. Map amendments may be adopted or rejected for all or any portion of the properties being requested. A zoning district designation which was not included in the public notices shall not be adopted. An amendment may be withdrawn in writing by the initiator at any time prior to final action by the City Council.

   (G)   All amendments shall be noted and placed in the copy of the zoning ordinance maintained by the Code Enforcement Director and/or the Municipal Clerk. Map amendments shall be reflected on the official Zoning Map as soon as practicable after their approval.

   (H)   A fee of fifty dollars ($50) shall accompany each application for amendment.

(Am. Ord. 02-06, passed 4-8-2002)

ARTICLE D: DEFINITIONS

§ 5-4-26 INTERPRETATION OF WORDS AND PHRASES.

   The following rules of construction and interpretation shall apply to the text of this ordinance:

   (A)   Words used in this ordinance shall have their customary meaning as defined in a standard dictionary, unless they are specifically defined in this ordinance.

   (B)   Words used in the present tense include the future tense. Singular words include the plural, and plural words include the singular.

   (C)   The word SHALL indicates a mandatory statement; the word MAY indicates a discretionary statement.

   (D)   The word LOT includes the word PLAT or PARCEL.

   (E)   The word STRUCTURE includes the word building, and the words building or structure include any part thereof.

   (F)   The word PERSON includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other entity usually defined in legal usage as a person.

   (G)   The words USED or OCCUPIED , as applied to land or buildings, shall be construed to include the words intended, arranged, or designed to be used or occupied.

   (H)   The word CONTIGUOUS as applied to lots or districts shall be interpreted as meaning sharing a common boundary of ten (10) feet or more in length.