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Whenever the public necessity, convenience, general welfare, or good zoning practices require, the City Council may by resolution, after receipt of recommendation thereon from the Planning and Zoning Commission and subject to the procedures provided by law, amend, supplement, change, or repeal the regulation, restriction, and boundaries or classification of property described by this chapter.
(Ord. 37-02, passed 7-10-02)
Amendments to this chapter may involve an amendment of the text of this chapter or the Zoning Map and may be initiated in one of the following ways:
(A) By adoption of a motion by the Planning and Zoning Commission.
(B) By adoption of a resolution by the City Council.
(C) By the filing of an application by at least one owner or lessee of a property within the area proposed to be changed or affected by said amendment.
(Ord. 37-02, passed 7-10-02)
Applications for amendments to the Zoning Map adopted as part of this chapter shall contain at least the following information:
(A) The name, address, and phone number of applicant.
(B) The proposed amending resolution approved as to form by the City Attorney
(C) A statement of the reason(s) for the proposed amendment.
(D) Present use.
(E) Present zoning district.
(F) Proposed use.
(G) Proposed zoning district.
(H) A vicinity map at a scale approved by the Zoning Inspector, showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Inspector may require.
(I) A list of all property owners and their mailing addresses who are contiguous to or directly across the street from the parcel(s) proposed to be rezoned, and the others that may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned.
(J) A statement on the ways in which the proposed amendment relates to the comprehensive plan.
(K) A fee as established by City Council and adopted by resolution.
(Ord. 37-02, passed 7-10-02)
Applications for amendments proposing to change, supplement, amend, or repeal any portion(s) of this chapter, other than the Zoning Map, shall contain at least the following information:
(A) The name, address, and phone number of the applicant.
(B) The proposed amending ordinance approved as to form by the Law Director
(C) A statement of the reason(s) for the proposed amendments.
(D) A statement explaining the ways in which the proposed amendment relates to the comprehensive plan.
(E) A fee as established by City Council and adopted by resolution.
(Ord. 37-02, passed 7-10-02)
Immediately after the adoption of a resolution by the City Council or the filing of an application by at least one owner or lessee of property, said resolution or application shall be transmitted to the Planning and Zoning Commission.
(Ord. 37-02, passed 7-10-02)
Within 60 days from the receipt of the proposed amendment, the Planning and Zoning Commission shall transmit its recommendation to the City Council. The Commission may recommend that the amendment be granted as requested or modification of the amendment as requested or recommend that the amendment be denied. The written decision of the Commission shall indicated the specific reason(s) upon which the recommendation is based, including the basis for their determination that the proposed amendment is or is not consistent with the comprehensive plan.
(Ord. 37-02, passed 7-10-02)
Upon receipt of the recommendation from the Planning and Zoning Commission, the City Council shall schedule a public hearing. Said hearing shall be not more than 40 days from the receipt of the recommendation from the Planning and Zoning Commission.
(Ord. 37-02, passed 7-10-02)
Notice of the public hearing required in § 155.2708 shall be given by City Council in at least one publication of one or more newspapers of general circulation in the City. Said notice shall be published at least 30 days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
If the proposed amendment intends to rezone or redistrict ten or less parcels of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the City Clerk by first-class mail at least 20 days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list, and to such other lists or lists that may be specified by the City Council. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in § 155.2709.
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