(a) Initiation of Amendment. The Council may from time to time, at its own initiative or upon recommendation from the Commission or on petition, amend, supplement, or change the district boundaries or the regulations herein, pursuant to the authority and procedures set forth in the Revised Code. Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.
(b) Application for Amendment. A petition for an amendment to the text of this Ordinance or an amendment to change the zoning classification of a particular property shall be commenced by filing a petition with the Administrative Official, on the forms and accompanied by the fees specified. The petition shall explicitly describe the proposed amendment and shall be signed by the applicant. Petitions for rezoning of a specific site shall be accompanied by a plot plan or survey. All applications shall contain the following information, where applicable:
(i) One completed and signed copy of an application for Commission Review;
(ii) 20 individually folded copies of the plot plan;
(iii) Completed and signed checklist;
(iv) One 8-1/2 by 11 inch size, or 11 by 17 inch size, reduced copy of plot plan;
(v) Applicant’s name, address, and telephone number;
(vi) Scale, northpoint, and dates of submission and revisions;
(vii) Zoning classification of petitioner’s parcel and all abutting parcels;
(viii) Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 100 feet of the site;
(ix) Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys;
(x) Location of existing drainage courses, floodplains, lakes and streams, and woodlots;
(xi) All existing and proposed easements;
(xii) Location of sanitary sewer systems, existing and proposed;
(xiii) Location and size of water mains and building service leads, existing and proposed;
(xiv) Two sets of addressed, stamped envelopes for owners and occupants of each parcel adjacent to and across all streets from the site; and
(xv) The required review fee.
After the completed petition and all required supporting materials have been received and fees paid, the petition shall be reviewed in accordance with the following procedures.
(c) Commission Review. The petition shall be placed on the agenda of the next regularly scheduled meeting of the Commission. The Commission shall review the petition for amendment in accordance with the procedures set forth in the Revised Code.
(d) Action by the Commission and Council. The Commission shall make written findings of fact which it shall transmit together with comments received and its recommendations to the Council. The Council shall hold a public hearing in accordance with procedures set forth in the Revised Code. The Council may by majority vote of its membership:
(i) Adopt the proposed amendment.
(ii) Reject the proposed amendment.
(iii) Refer the proposed amendment back to the Commission for further recommendation within a specified time period. Thereafter, the Council may either adopt (with or without recommended revisions), or reject the amendment.
(e) Reconsideration of a Proposed Amendment. No application for a map amendment which has been denied by the Council shall be reconsidered unless there have been changes in the facts, evidence, and/or conditions in the case. Determination of whether there have been such changes shall be made by the Commission at the time the application is submitted for processing.
(f) Review Considerations. The Commission and Council shall, at minimum, consider the following before taking action on any proposed amendment:
(i) Will the proposed amendment be in accordance with the basic intent and purpose of the Zoning Ordinance?
(ii) Will the proposed amendment further the long range planning goals of the City?
(iii) Have conditions changed since the Zoning Ordinance was adopted, or was there a mistake in the Zoning Ordinance, that justify the amendment?
(iv) Will the amendment correct an inequitable situation created by the Zoning Ordinance, rather than merely grant special privileges?
(v) Will the amendment result in unlawful exclusionary zoning?
(vi) Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?
(vii) If a rezoning is requested, is the proposed zoning consistent with the zoning classification of surrounding land?
(viii) If a rezoning is requested, could all requirements in the proposed zoning classification be complied with on the subject parcel?
(g) Record of Amendment Adoption. A record of all amendments approved by the Council shall be maintained by the City. A master Zoning Map shall be maintained by the Administrative Official, which shall identify all map amendments by number and date.