(A) Initiation. An amendment to this chapter may be initiated by the City Council, the Planning Commission or by petition of affected property owners as defined herein. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report, as hereinafter provided, and may not be acted upon by the Council until it has received the recommendation of the Planning Commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the Planning Commission.
(B) Records. The City Administrator shall maintain a record of all applications for amendments to this chapter.
(C) Application. Where an amendment to this chapter is proposed by a property owner, an application therefor shall be filed with the City Administrator; the application shall be accompanied by development plans, if any, for the use which requires the rezoning.
(1) The plans shall contain sufficient information for the city to determine whether the proposed development is in keeping with the intent and purpose of this chapter and the Comprehensive Plan.
(2) The development plans shall show the information as may be reasonably required by the Administrator, including but not limited to the following:
(a) Site plan drawn to scale showing the parcel, building dimensions and topography;
(b) Location of all buildings and their sizes;
(c) Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;
(d) Landscaping and screening plans including species and size of trees and shrubs proposed;
(e) Finished grading and drainage plan sufficient to drain the developed portion of the site and to retain as much run-off on the site as possible;
(f) Type of business or activity and proposed number of employees or occupants;
(g) Proposed floor plan and elevations of all buildings with the use indicated;
(h) Location of on-site sewage treatment system and well with the estimated flow rates;
(i) Soil type and soil limitations for the intended use: A plan or statement indicating the soil conservation practice or practice to be used to overcome any soil limitation shall be made part of the application;
(j) A location map showing the parcel’s general location within the city;
(k) A map showing all principal land use within 500 feet of the parcel for which the application is being made;
(l) Proof of ownership of the property for which the amendment or rezoning is requested, consisting of an abstract of title or registered property certificate certified by a licensed abstractor, or a title opinion prepared by an attorney licensed to practice in the state, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership; and
(m) An accurate list of the names and mailing addresses of the record owners of all property within a minimum of 500 feet of the boundaries of the property for which the amendment or rezoning is sought, verified as to accuracy by the applicant.
(D) Hearing. The City Administrator shall refer the application to the Planning Commission for consideration at its next regular meeting; provided however, if the next regular meeting of the Planning Commission is within seven days of the date of filing, then the consideration may be at the second regular meeting after the filing.
(1) At that meeting, the Planning Commission shall set a date for a public hearing on the application. The public hearing shall be not more than 60 days after the date of filing of the application with the City Administrator.
(2) Notice of the purpose, time and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application, and other persons as the Planning Commission may direct at least ten days prior to the date of the hearing.
(3) A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the record of the proceedings. The failure to give mailed notice to individual property owners, or defects in notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.
(3) The applicant or his or her representative shall appear at the public hearing to answer questions concerning the proposal.
(E) Planning Commission report. The Planning Commission shall make its report on the application to the Council, in writing, within 60 days after the public hearing, unless the applicant consents to extended consideration by the Planning Commission. The report shall recommend that the amendment or rezoning be granted or denied and shall include the Planning Commission’s recommendation as to any conditions to be imposed if the amendment or rezoning is granted, including time limits or provisions for periodic review and shall state the reasons therefor.
(1) The Planning Commission’s report shall be filed with the City Administrator who shall refer the same to the Council for consideration at its next regular meeting; provided however, if the next regular meeting of the Council is within seven days of the date of filing, then the consideration may be at the second regular meeting after the filing. At the same time, the City Administrator shall mail to the applicant a copy of the Planning Commission’s report and a notice of the time and place of the meeting at which the report will be considered by the Council.
(2) If the Planning Commission fails to file a report with the City Administrator within the time provided by this section, the application shall be referred to the Council as herein provided, without report, after the time for filing the report has expired. Minutes of the public hearing and its regular meeting may be used by the Planning Commission as its report.
(F) Council action on application. The Council shall make its decision on the application within 60 days of the filing of the Planning Commission’s report with the City Administrator or after the last day for filing same, if no report is filed.
(1) The Council shall make written findings and shall state therein the reasons for its decision. Any order shall be filed with the City Administrator who shall immediately mail a copy thereof, bearing the notation of the filing date, to the applicant.
(2) If the order directs amendment of this chapter, the City Administrator shall refer the order to the City Attorney to prepare an amendment of this chapter as provided by law.
(3) Any amendment must be approved by a two-thirds’ vote of the members of the City Council.
(G) Reapplication. No reapplication for zoning amendment or rezoning shall be resubmitted for a period of six months from the date of the denial of a previous application.
(H) Zoning and the Comprehensive Plan. Any amendment to this chapter or rezoning shall amend the Comprehensive Plan in accordance therewith. The Planning Commission shall inform the Council of any zoning proposal which does not conform to the Comprehensive Plan and inform the Council as to why the plan should or should not be amended.
(I) Public hearing. Prior to approval of any rezoning or amendment of this chapter that does not conform to the Comprehensive Plan, a public hearing shall be conducted by the Planning Commission and the results noted in the minutes of the official proceedings. The public hearing required for the rezoning or amendment may also serve as the public hearing for an amendment to the Comprehensive Plan.
(J) Agreement with Comprehensive Plan. In granting or recommending any rezoning provided for in this chapter, the Planning Commission and Council shall find that the proposed development conforms substantially to the policies, goals and standards of the Comprehensive Plan.
(Prior Code, § 12-80) (Res. 1997-18, passed 6-17-1997; Ord. 97-45, passed 11-13-2001; Ord. 02-2009, passed 4-21-2009)