A. Authority To Initiate: Amendments to the official zoning map may be initiated by the common council or filed by an eligible applicant or an eligible applicant’s authorized agent specified in 10-6-9.
B. Pre-Application Meeting: Before filing a zoning map amendment application, the applicant or the authorized agent must meet with the planning staff to discuss the proposed amendment and the applicable procedures.
C. Application Filing: Zoning map amendment applications must be filed with the planning staff.
1. Shall be filed with the City on forms provided by the Community Development Department;
2. Shall include all required supplemental information;
3. Shall be submitted by the application deadline as established by the City;
4. Shall be signed by the applicant and owner attesting to the truth and exactness of all information supplied on the application; and
5. Public notice requirements must be met by applicant.
D. Public Notices: Public notice of hearings on a zoning map amendment must be published as required by state law. Public Notice shall follow the procedures specified in 10-6-20.
E. Public Hearing Required: The Planning Board shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard.
F. Planning Board Recommendation: Proposed zoning ordinance text amendments must be referred to the planning board for review.
1. The Planning Board shall cause to be made such an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title.
2. Following their review of the proposed text amendment, the planning board must recommend the proposed amendment to the common council, including approval, modification approval, referral back to staff, or denial.
3. Protest; Required Vote. In case, however, of protest against such changes, signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or of those lots immediately adjacent in the rear thereof extending one hundred fifty feet (150') there from or of those lots adjacent on either side thereof within the block or of those directly opposite thereof extending one hundred fifty feet (150') from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the city council.
G. Common Council Decision:
1. Upon receipt of the planning board’s report and recommendation, the common council must take action on the final action on recommendation of the planning board. A vote to amend the recommendation must receive the three-fourths affirmative vote of all members of Council. Whether amended or not, the vote to adopt the recommendation of the planning board must receive a majority vote of all members of Council.
2. Such amendment adopted by Council shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the passage of the ordinance, there is presented to the City Clerk a petition.
H. Successive Application:
1. If the common council denies a proposed zoning map amendment, no zoning map amendment application requesting the same or more intensive zoning of the subject property may be filed for or accepted for processing by the city for one year from the date of final action by the common council unless the council expressly acts to deny the previous application without prejudice, or the new application is substantially different from the one that was denied. (Ord. 2023-7, 7-17-2023)