1236.01 Authority for amendments.
1236.02 Initiation of zoning amendments.
1236.03 Amendments initiated by property owners(s).
1236.04 Amendments initiated by Planning Commission or Council.
1236.05 Public hearing and notice by Planning Commission.
1236.06 Recommendation by the Planning Commission.
1236.07 Public hearing and notice by Council.
1236.08 Action by Council.
Whenever the public necessity, general welfare or good zoning practices require, City Council may amend, revise, rearrange, renumber or recodify this Planning and Zoning Code or amend, supplement, change or repeal the boundaries or classification of property according to the procedures set forth in this chapter and subject to the procedures provided by law.
(Ord. 58-01. Passed 5-29-01.)
Amendments to the Planning and Zoning Code, either text or map, may be initiated in one of the following ways:
(a) By the filing of an application to the Planning Commission by an applicant. When an application is made to amend the Zoning Map, the applicant(s) shall represent a majority of the property owners within the area proposed to be changed or affected by said amendment.
(b) By the adoption of a motion by the Planning Commission.
(c) By the passage of a resolution by City Council.
(Ord. 58-01. Passed 5-29-01.)
An application for an amendment initiated by an applicant shall be submitted and reviewed according to the following:
(a) Discussion with Planning Commission. Prior to submitting an application for an amendment to the Planning and Zoning Code, the applicant may appear before the Planning Commission to informally discuss the proposed amendment. However, no action shall be taken at such a meeting, and no discussions, opinions, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval of the proposed amendment.
(b) Submission Requirements. An application form provided by the Zoning Enforcement Officer shall be submitted and shall contain at least the following information:
(1) The name, address and phone number of the applicant and the property owner if other than the applicant;
(2) A statement of the reason for the proposed amendment;
(3) A statement on the ways in which the proposed amendment relates to the Master Plan;
(4) The payment of the application fee as established by Council.
(5) Amendments to the Zoning Map adopted as part of this Planning and Zoning Code shall contain the following additional information:
A. Legal description of the parcel to be rezoned, drawn by a registered surveyor;
B. Present use and zoning district;
C. Proposed zoning district;
D. A vicinity map at a scale approved by the Zoning Enforcement Officer showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Enforcement Officer may require;
E. A list of all property owners immediately adjacent to, adjoining, abutting, or directly across the street from the property for which the amendment is proposed including their addresses and permanent parcel number as shown upon the County Auditor's current tax list;
(c) Review for Completeness. The Zoning Enforcement Officer shall review the submitted application to determine compliance with the submission requirements. If the application is deemed insufficient, the Zoning Enforcement Officer shall notify the applicant within ten days of receiving such application of the deficiencies and place the application on hold until complete. When the application is deemed complete and the application fee has been paid, the Zoning Enforcement Officer shall officially accept the application for consideration of the action requested on the date such determination is made.
(d) Referral to City Departments and Planning Commission. After an application is determined complete, the Zoning Enforcement Officer shall forward the application to the appropriate City departments for review and comment. Any reports or comments shall be returned to the Zoning Enforcement Officer within ten days from the date the application is deemed complete. The Zoning Enforcement Officer shall then transmit the application, along with any recommendations or comments, to the Planning Commission to begin the adoption process set forth in Sections 1236.05 through 1236.08.
(Ord. 58-01. Passed 5-29-01.)
(Ord. 58-01. Passed 5-29-01.)
(a) Upon the receipt of an application or resolution or upon the passage of a motion, the Planning Commission shall set a date for a public hearing, at which the Commission shall review the proposed amendment.
(b) Notice of the proposed amendment shall be published at least ten days prior to the date of the required hearing, in one or more newspapers of general circulation in the City.
(c) Whenever the Planning Commission is to consider a map amendment that proposes to rezone ten or fewer parcels as listed on the tax duplicate, public notice shall be given according to the following:
(1) Public notice shall be given to the applicant and to all record title holders of property that are immediately adjacent to, abutting, adjoining, or directly across the street from the property proposed to be rezoned or redistricted.
(2) Notices shall be given at least ten days prior to the date of the meeting.
(3) Notices shall include the time and place of the meeting and a summary of the proposed amendment.
(4) Failure of delivery of such notice shall not invalidate any recommendation of the Planning Commission or any subsequently enacted ordinance.
(d) In considering the proposed amendment, the Planning Commission shall give weight to any protest presented, duly signed and acknowledged by the owners of 20% or more of the lots included in such proposed change, or 20% or more of the area of the lots immediately adjacent to the rear or adjoining on the sides thereof extending 100 feet from the street frontage of such opposite lots.
(e) The Planning Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.
(Ord. 58-01. Passed 5-29-01.)
(a) After the conclusion of the public hearing required in Section 1236.05, the Planning Commission shall recommend one of the following to City Council:
(1) That the amendment be granted as requested;
(2) That the amendment be granted as modified by the Planning Commission; or
(3) That the amendment be denied.
(b) If the Planning Commission does not make a recommendation on the proposed amendment within 70 days from the date the application is deemed complete, or the date of Council's resolution, or an extended period as may be agreed upon by the applicant or City Council, it shall be deemed that the recommendation of the Planning Commission is that the amendment be denied.
(c) The Secretary of the Planning Commission shall file with the Clerk of Council a report of the Planning Commission's action.
(Ord. 58-01. Passed 5-29-01.)
Upon receipt of the recommendation from the Planning Commission, Council shall set a time for a public hearing on the proposed amendment.
(a) Notice of the public hearing shall be given by Council according to the following:
(1) Notice of the proposed amendment shall be published once a week for two consecutive weeks on the same day of the week, the first of which shall be published at least 30 days prior to the date of the required hearing, in one or more newspapers of general circulation in the City.
(2) Whenever a proposed map amendment proposes to rezone ten or fewer parcels as listed on the tax duplicate, written notice of the hearing shall be given to the applicant and record title holders of property that are immediately adjacent to, abutting, adjoining, or directly across the street from the property proposed to be rezoned or redistricted. Notification shall be sent to the names and addresses of such owners appearing on the County Auditor's current tax list. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person, or entity at the listed address and to the named owners at the street address of the property. Public notice shall be sent at least ten days prior to the public hearing.
(3) Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested. Failure of delivery of such notice shall not invalidate any such amendment.
(b) During the ten days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the maps, plans and reports that constitute the recommendation of the Planning Commission shall be on file for public examination in the office of the Zoning Enforcement Officer.
(Ord. 58-01. Passed 5-29-01.)
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