(A) Authority to amend. The City Council may, from time to time, on its own motion, or on petition of an interested property owner or owners:
(1) Amend, supplement, or change by ordinance the zoning classification of any property or the regulations herein established or issue or revoke specific use permits; or
(2) Issue or revoke specific use permits, following the receipt of a report from the Planning and Zoning Commission on any application for a specific use permit, the Council may:
(a) Authorize the issuance of the permit.
(b) Attach conditions relating to use limits, duration of the permit, time of operation, or other appropriate conditions to the proposed permit and then authorize its issuance.
(c) If the Council approves a specific use permit that authorizes specialized construction of improvements that may only be utilized under the terms of the specific use permit, the Council will not consider revocation of the permit unless evidence is presented showing that the property owner/operator is in direct and knowing violation of a specific performance condition attached to the specific use permit when issued.
(d) The Council may consider the revocation of any specific use permit if after a properly noticed hearing in which any interested party has an opportunity to present evidence and be heard, the Council makes a determination that a performance condition attached to the original permit has been violated by the owner/operator of the permitted activity, or if the original permit was issued with an expressly stated condition that the permit was for a limited period of time and was subject to periodic review to determine impact on adjoining properties or activities. If a permit is issued for a limited duration, the applicant undertakes the permitted activity with the knowledge that the permit may be revoked or not renewed by future Council action.
(e) Specific use permits issued for a limited time duration may be extended for additional increments of time following a properly noticed hearing.
(f) All specific use permits shall be approved, conditioned, modified or revoked following a public hearing in a single meeting action of the City Council. Specific use permits do not constitute a change in zoning and, therefore, do not proceed through a three reading ordinance amendment requirement as would be required for a change in zoning classification.
(B) Recommendation by Planning and Zoning Commission. Before taking any action on any proposed amendment, supplements, change or a specific use permit, the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report. The Planning and Zoning Commission shall hold a public hearing before submitting its recommendation and report to the City Council.
(C) Public hearing and notification requirements. No regulation, restriction or zoning district classification of any property shall be amended, supplemented or changed and no specific use permit approved or revoked until after public hearings in relation thereto are held by the Planning and Zoning Commission and City Council, at which parties in interest and citizens shall have an opportunity to be heard. Written notice of all public hearings before the Planning and Zoning Commission on proposed changes in zoning district classification or specific use permits shall be sent to owners of real property lying within 200 feet of the property on which the change in classification or specific use permit is proposed, such notice to be given, not less than ten days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, with the United States Postal Service. At least 15 days notice shall be published in an official paper, or a paper of general circulation in the City of Mansfield before the City Council public hearing.
(D) Application fee. Any person, firm or corporation applying for a change in this chapter or the zoning district classification of any property or a specific use permit shall be required to pay an application processing fee as set forth in the Mansfield fee schedule ordinance. No part of this fee shall be refundable unless the application is withdrawn prior to the mailing of the required written notification or publication in a newspaper. The limitation in reference to giving of notice is to protect owners of nearby properties against insincere applicants simply using the city's notice procedure to test public reaction. No harm is done in terms of public image if case is withdrawn prior to giving of public notice.
(E) Limitation of re-applications. No application for a change in zoning districts or specific use permit shall be heard for a particular parcel of property if within 12 months prior to the date of said application either a zoning case was denied by the City Council or a zoning case was withdrawn after the giving of public notice, and such application currently under consideration includes property which was all or a part of the previously denied or withdrawn case, and the application currently under consideration is for the same or a more intense zoning district than provided, however, on receipt of written request by the original applicant stating how conditions have changed substantially in the community since prior consideration of his proposal so as to justify an earlier review of this matter, the City Council may waive the mandatory delay period and authorize the acceptance of a new application. The term "more intense zoning district" shall mean one that generally permits uses of higher intensity, progressing from the first district listed in § 155.021 as the least intense to the I-2, Heavy Industrial District as the most intense, in the order listed in § 155.021.
(F) Postponement of public hearings at applicant's request. An applicant for a zoning change or specific use permit may request a postponement of a scheduled public hearing on such zoning request not less than ten days, excluding Saturdays, Sundays, and holidays, prior to such scheduled public hearing. In the event that any publication or notification has been made by the city of the public hearing prior to such request for postponement, such applicant shall include, with his request, payment to the City of Mansfield of such fee for such postponement as may be set by the Planning and Zoning Commission or City Council.
(G) Zoning districts not available for application. The city will not accept any application for zoning change to the SF-5AC/24, SF-8.4/16, SF-7.5/16, SF-7.5/12 or SF-6/12 District.
(Ord. 671, passed 4-15-86)