The Common Council may amend this chapter as proposed by a member of the Common Council, the Plan Commission, or by the owners of 50% or more of the area involved in the petition. No amendment which has not originated with the Plan Commission may be acted upon by Council until the Plan Commission, in accordance with law, has reviewed the proposal and made a recommendation to the Common Council in writing.
(A) In its review, the Plan Commission shall make a determination as to whether the proposed amendment is in conformance or conflict with the goals of the city’s comprehensive plan. The Plan Commission shall also make findings of fact based upon evidence presented to it with respect to the following matters.
(1) Existing and proposed uses of land in the general area, and the impact of the proposed amendment on the character of the uses.
(2) The trend of development in the general area, including density, traffic conditions, conservation of property values, and availability of public services.
(3) The effect of the proposed amendment on implementing the policies of the comprehensive plan.
(4) The highest and best use of the property in question.
(B) Following receipt of a written recommendation and findings of fact from the Plan Commission, the Common Council shall act on the amendment within a reasonable period of time. If the Common Council rejects or amends the amendment report, then it shall be returned to the Plan Commission for its consideration with a written statement of the reasons for its rejection or amendment.
(C) In the event the report of the Plan Commission is adverse to a proposed amendment, the amendment shall not be passed except by an affirmative vote of at least two- thirds of the members of the Common Council. If a proposed amendment is rejected by the Common Council, it shall not be reconsidered until the expiration of one year after the date of its original rejection by the Plan Commission.
(D) Prior to annexation of any lands to the city, the Plan Commission shall undertake a survey of existing land use and develop a proposed zoning map for the land being considered. This study, if accepted in accordance with established procedures for public review, shall be incorporated as an amendment to the city’s comprehensive plan and this chapter as an integral part of the annexation procedure.
(Ord. 28-1984, passed 8-14-84)