(A) Authority. The City Council may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this chapter or amend district boundary lines; provided that, in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire city and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.
(B) Initiation of amendment. Amendments may be proposed by the City Council, the Planning Commission, the Planning and Zoning Board of Appeals or by any owner or owners of property within a zoning district which would be affected by such amendment or the duly authorized agent or agents thereof.
(C) Application. An application for an amendment shall be filed with the Zoning Administrator on a suitable form provided by the Zoning Administrator, accompanied by such information and data as is recommended by the Planning and Zoning Board of Appeals. Copies of such application shall be forwarded by the Zoning Administrator to the Planning and Zoning Board of Appeals with a request to hold a public hearing thereon and to the Building Official for examination of the application and compliance with all applicable ordinances.
(D) Hearing. The Planning and Zoning Board of Appeals shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Board. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Board shall, by rule, prescribe from time to time.
(E) Notice. Notice of time and place of such hearing shall be published at least once in one or more newspapers of general circulation within the city, not more than 30, nor less than 15, days before such hearing. Supplemental or additional notices may be published or distributed as the Planning and Zoning Board of Appeals may, by rule, prescribe from time to time.
(F) Findings.
(1) The Planning and Zoning Board of Appeals shall make written findings of fact and shall submit same together with its recommendations to the City Council within 30 days of the public hearing. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Planning and Zoning Board of Appeals shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
(a) Existing uses of property within the general area of the property in question;
(b) The zoning classification of the property within the general area of the property in question;
(c) The suitability of the property in question to the uses permitted under the existing zoning classification;
(d) The trend of development, if any, in the general area of the property in question; and
(e) Projected use of the property, as indicated in the comprehensive plan.
(2) The Planning and Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The Board may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this division (F), the R-1 District shall be considered the highest classification and the I-2 District shall be considered the lowest classification.
(G) Action by City Council.
(1) The City Council shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the Planning and Zoning Board of Appeals on the proposed amendment.
(2) The City Council may grant or deny any application for an amendment; however, in the event of a written protest against any proposed amendment, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by a favorable vote of two-thirds of all the members of the City Council then holding office.
(3) If an application for a proposed amendment is not acted upon finally by the City Council, within 90 days of the date upon which such application is received by the City Council, it shall be deemed to have been denied.
(Prior Code, § 166.094) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021)