(A) Generally. The Planning and Zoning Commission may, from time to time, recommend changing the zoning classification of parcels of land within a zoning district. These changes in zoning classification shall be for the purpose of meeting the land use needs of the residents of the city and shall conform to the intent of the comprehensive plan. Zone changes may be initiated by the Board of Trustees, Planning and Zoning Commission, Community Development Department or by application of any person or party owning property to be considered for a zone change.
(B) Application for a zone change.
(1) An applicant for a zone change shall complete and submit the approved application form in accordance with the procedures established herein. The applicant shall be the property owner, have some controlling interest in the property or have the written consent and signature of the property owner.
(2) In addition, the application shall include the following information:
(a) The legal description and address of the property for the zone change;
(b) The property’s present and proposed zoning classification;
(c) The reasons for requesting the zone change; and
(d) A general site plan showing arrangement of uses proposed and the relationship of the uses to abutting streets and properties. The general site plan is for information only and is not intended to be used in approval of subsequent building plans unless required by the Planning and Zoning Commission at the hearing.
(C) Public hearing. No zone change shall be approved until a public hearing has been held thereon by the Planning and Zoning Commission and governing body in accordance with the procedures established herein (§ 150.025(B)).
(D) Hearing and decision by the Planning and Zoning Commission. The Planning and Zoning Commission shall review, hear and recommend approval or denial of a request for a zone change. In its deliberations, the Planning and Zoning Commission shall consider all oral and written statements from the applicant, the public, the city staff and its own members. The Planning and Zoning Commission shall not recommend approval of a zone change request unless it finds the zone change is in the public interest and is in conformance with the goals of the city master plan and is consistent with the character of the surrounding area. A denial of a zone change request by the Planning and Zoning Commission shall be final unless the applicant files an appeal to the city’s governing body. Such appeal shall be sent to the Community Development Director within ten working days after the Planning and Zoning Commission’s decision and shall state the error or errors in the decision of the Planning and Zoning Commission.
(E) Limitations, amendments and revisions. The Planning and Zoning Commission may recommend approval or denial of a request for a zone change, or table it for not more than one regularly scheduled P&Z meeting, or for a period of time specified at the public hearing.
(F) Final approval or denial. The Board of Trustees, at a public hearing, shall make final approval or denial of a zone change request.
(G) Zoning map. Upon approval of the governing body, the new zoning classification shall be recorded on the official zoning maps of the city.
(H) Appeal. Appeal of a decision by the city’s governing body to approve or deny a zone change request must be filed by the affected party with the District Court within 30 days of the date of the decision.
(Ord. 2010-018, passed - -)