(A) City Commission may amend. The regulations and provisions stated in the text of this chapter and the boundaries of zoning districts shown on the zoning district map may be amended, supplemented or changed by ordinance by the City Commission in accordance with the applicable enabling legislation of the state.
(B) Initiation of amendments. Proposals for amendments, supplements or changes may be initiated by the City Commission of its own action, by the Planning Commission or by petition of one or more persons having an interest, by ownership or option to purchase, in property to be affected by the proposed amendment.
(C) Amendment procedure.
(1) Petition to City Clerk and payment of fee.
(a) Each petition by one or more owners or their agents for an amendment shall be submitted upon an application of standard form to the City Clerk.
(b) A fee as established by the City Commission shall be paid at the time of application to cover costs of necessary advertising for public hearings and processing of the amendment request.
(c) The City Clerk shall transmit the application to the Planning Commission for recommended action.
(2) Recommendation. The Planning Commission shall consider each proposed amendment in terms of the likely effect of such proposal upon the development plans for the community as well as in terms of the merits of the individual proposal. The Planning Commission may recommend any additions or modifications to the original amendment petition.
(3) Public hearing. Before voting on any proposed amendment to this chapter, the Planning Commission shall conduct a public hearing, with notice being given as specified by the following section.
(4) Notice requirements for public hearing. Preparation, publication and distribution of notices for the public hearing shall be the responsibility of the City Clerk.
(a) Content. Every notice of said hearing shall contain all information required by § 154.154.
(b) Distribution.
1. Published. Notice shall be given by one publication in a newspaper of general circulation in the community, printed not less than 15 days before the date of such hearing.
2. Certified mail. Not less than 20 days notice shall also be given by certified mail to each public utility company servicing the community, at the mailing address identified by each company for the purpose of receiving such notice, if they request notification.
3. Other mailed notice. In any instance involving the rezoning of one or more parcels, or when the owner or other party having an interest in any parcel has requested a text change, notice of the proposed amendment shall be mailed to the owner of the property in question and to all persons residing, doing business or owning property within 300 feet of the premises in question. These persons shall be identified as specified by § 154.154.
4. Affidavit of mailing. An affidavit of mailing, identifying all parties to whom notice has been sent, shall be prepared and filed with other material relating to the proposed amendment prior to the Planning Commission meeting at which the hearing is to be conducted.
5. Bay County Planning Commission. Following the conclusion of the public hearing and review by the City Planning Commission, the proposed amendment and any applicable zoning district map may be submitted to the County Planning Commission for their review. The approval of the County Planning Commission shall be presumed, conclusively, unless such Commission notifies the City Commission of its approval or disapproval within 30 days of its receipt of the amendment.
6. Amendment to conform to court decree. An amendment for the purpose of conforming a provision of this chapter to the decree of a court of competent jurisdiction as to any specific lands may be adopted by the City Commission and the notice of the adopted amendment published without referring the amendment to any other board or agency provided for in this chapter.
7. City Commission change. If the City Commission deems advisable any changes to the amendment recommended by the Planning Commission, it shall refer these changes back to the Planning Commission for a report thereon within 30 days. The City Commission may deny or adopt the amendment with or without changes, by a majority vote of its membership, following the Commission’s standard procedures for adoption of ordinances.
8. Resubmittal. No application for a rezoning that has been denied by the City Commission shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions which, upon inspection by the City Commission, are found to be valid.
(Ord. passed 11-2-2005)