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Session Laws, 1970
Volume 695, Page 1899   View pdf image
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Marvin Mandel, Governor                        1899

age, schools, recreation, parks and other public requirements. Such
regulations shall be made with reasonable consideration, among other
things, to the character of the district and its [peculiar] suitability
for particular uses, and with a view to conserving the value of
buildings and encouraging the orderly development and the most
appropriate use of land throughout the [such municipality] juris-
diction.

[21(d)]

4.04 Method of Procedure

The [council] local legislative body shall provide for the manner
in which such regulations and restrictions and the boundaries of
such districts shall be determined, established, and enforced, and
from time to time amended, supplemented [or changed], modified,
or repealed.
However, no such regulation, restriction, or boundary
shall become effective until after [a] at least one public hearing in
relation thereto, at which parties in interest and citizens shall have
an opportunity to be heard. At least fifteen (15) days' notice of the
time and place of such hearing shall be published in an official paper
or a paper of general circulation in [such municipality] said juris-
diction.

[21(e)]

4.05 Changes

(a)  Such regulations, restrictions, and boundaries may from time
to time be amended, supplanted, [changed] modified, or repealed.
[In case, however, of a protest against such change signed by the
owners of twenty per cent (20%) or more either of the area of the
lots included in such proposed change or of those immediately adja-
cent in the rear thereof extending 175 feet therefrom, or of those
directly opposite thereto extending 175 feet from the street frontage
of such opposite lots, such amendment shall not become effective
except by the favorable vote of three-fourths of all the members
of the legislative body of such municipality]. Where the purpose
and effect of the proposed amendment is to change the zoning classi-
fication, the local legislative body shall make findings of fact in each
specific case including, but not limited to, the following matters:
population change, availability of public facilities, present and future
transportation patterns, compatibility with existing and proposed
development for the area, the recommendation of the planning com-
mission, and the relationship of such proposed amendment to the
jurisdiction's plan; and may grant the amendment based upon these
findings or upon a finding that
there was a mistake in the existing
zoning.
A FINDING THAT THERE WAS A SUBSTANTIAL
CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD
WHERE THE PROPERTY IS LOCATED OR THAT THERE WAS
A MISTAKE IN THE EXISTING ZONING CLASSIFICATION.
A complete transcript containing all evidence RECORD OF THE
HEARING and the votes of all members of the local legislative body
shall be kept.

(b)  An application for a reclassification shall not be accepted for
filing by the local legislative body if the application is for the re-
classification of the whole or any part of land the reclassification


 

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Session Laws, 1970
Volume 695, Page 1899   View pdf image
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