(A) For the manner in which the boundaries of the districts shall be determined, established and enforced and from time to time amended, supplemented or changed. However, no regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, at which time all interested parties and citizens shall have an opportunity to be heard. At least seven days notice of the time and place of the hearing shall be published in a paper of general circulation in the city. However, in case of a protest against the change, signed by the owners of 20% or more either of the area of the lots included in the proposed change or of owners of property located within 200 feet of the exterior boundaries of the property (excluding street or alley rights-of-way) for which the change is proposed, the change shall not become effective except by the favorable vote of at least three-fourths of all of the members of the Council.
(B) A property owner, lessee, developer or option holder may petition the Council for an amendment to the text or district map of this chapter, provided that before any action shall be taken as provided in this section, the party or parties petitioning for an amendment shall deposit with the Clerk a zoning amendment filing fee in an amount established by Council resolution. Once the petition is received for an amendment, supplement, change or modification to the zoning regulations, it shall be forwarded to the Building and Neighborhood Services Director or his or her designee for scheduling of a hearing before the Plan Commission and recorded as a referred item at the following Council meeting. The filing fee or any part thereof shall not be refunded for failure of the proposed amendment to be enacted into law. A party shall not initiate action for a zoning amendment affecting the same land more often than once every 12 months, unless approved by the Council.
(C) If more than one petitioner is included, each petitioner or parcel should not be combined as one rezoning request or one petition or if the Plan Commission feels the combining of the changes would affect the surrounding area as defined under the comprehensive plan.
(D) Site development plan. Any request for an amendment to the zoning district map shall be accompanied by a site development plan. Zoning map amendments involving a change to a single-family residential classification (R-1A, R-1B and R-1C) are excluded from these requirements.
(1) Sketch plan. The Building and Neighborhood Services Director or his or her designee may require the property owner or developer to submit a sketch plan before submitting a final site plan showing all significant features of the development to determine compliance with the requirements of this section.
(2) Site development plan requirements. With each petition to rezone a property or properties, the following information must be provided:
(a) Written petition. A signed petition shall include the following information:
1. Applicant name, address and legal interest in the subject property;
2. Title holder’s name and address, if different than the applicant, and evidence of consent to filing of the petition;
3. Existing and proposed zoning classification;
4. Complete legal description;
5. List of all proposed land uses; and
6. Proposed construction schedule.
(b) Site development plan.
1. One complete site development plans must be submitted and must include the following information:
a. Property dimensions;
b. Location and dimensions of all present and proposed buildings, structures, streets, driveways, pedestrian walkways and parking lots;
c. General nature, location and size of all significant natural land features including trees, waterways, drainage areas and floodplain areas;
d. Landscaping plans;
e. Signage plans;
f. Stormwater detention/erosion control plans;
g. Utility locations;
h. Architectural renderings of all sides of each building/structure, including accessory buildings;
i. Location map; and
j. Proposed land uses.
2. Site development plans shall be legibly drawn to scale of one inch to 100 feet or less. Sheet size shall not exceed 24 inches by 36 inches. If CAD is available, one 8-1/2 inches by 11 inches may also be submitted.
(3) Plan Commission review.
(a) In addition to reviewing the zoning map amendment, the Plan Commission shall also review all site development plans. The Plan Commission shall consider the following in making its recommendations to the City Council:
1. Relationship to future land use plans;
2. A characteristic of the general area including any changing conditions;
3. Effect on and compatibility with the neighborhood;
4. The suitability of the property for all uses permitted in the proposed district; and
5. Adequacy of streets and utilities.
(b) The Plan Commission may place conditions on the plans that the Commission deems necessary to carry out the intent and purpose of this section. The conditions may include, but are not limited to increases in lot or yard sizes, number and location of vehicular access points, limitations on signs, limitations to coverage and height of buildings situated on the property to protect adjacent properties and screening/landscaping where necessary to reduce noise and glare.
(4) Site development plan. Any request for an amendment to the zoning district map shall be accompanied by a site development plan. Zoning map amendments involving a change to a single-family residential district (R-1A, R-1B and R-1C) may submit a detailed description in lieu of the requirements of a site development plan. City Council approval of site development plans. Site development plans must be approved, by City Council resolution, before any rezoning is approved or any building permits can be issued. If the improvements identified in the site development plan have not been completed within five years from the date of City Council approval, the site development plan shall be void unless an extension of time has been granted prior to the expiration date. The City Council may grant a two-year extension.
(5) Plan amendments or revisions.
(a) If at any time, the owner/developer of land included in an approved site development plan desires to amend, change or modify the plan, the proposed change must be submitted to the city to determine if the change is major or substantial. If major or substantial, the plan must be resubmitted and considered in the same manner as originally considered. Examples of major or substantial change include, but are not limited to:
1. Land use changes;
2. Building locations;
3. Densities;
4. Street alignments;
5. Parking lot arrangements;
6. Screening and signage standards;
7. Building design elements; and
8. Traffic circulation.
(b) If the amendment or revision is considered not to be major or substantial, the Building and Neighborhood Services Director or his or her designee can approve the change.
(E) Moratorium on property rezoning in the Camanche Avenue Corridor.
(1) The City Council shall not give final approval to any reclassification (rezoning) request for property in the Camanche Avenue Corridor that lies within the corporate limits of the city, as described as follows below.
Commencing as a point of reference at a point on the centerline of South Fourteenth Street and Camanche Avenue; thence northeasterly on the centerline of Camanche Avenue to the centerline of Eleventh Avenue South; thence easterly on the centerline of Eleventh Avenue South to centerline of South Fourth Street; thence southerly on the centerline of South Fourth Street to the northern boundary on the right-of-way line of the Union Pacific Railroad property (formally the Chicago and Northwestern Railroad); thence southwesterly on the northern boundary of the Union Pacific Railroad property to the centerline of South Fourteenth Street, thence northeasterly on the centerline of South Fourteenth Street to the centerline of Camanche Avenue (being the point of beginning) all within the city until March 31, 2009, except where a vested right to the issuance of the approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this section.
(2) Exceptions. Any person, firm or corporation so aggrieved by or adversely affected by the Planning/Community Development Director’s refusal to issue a permit pursuant to this moratorium shall appeal therefrom to the City Council. The City Council may direct the Planning/Community Development Director to issue a permit during the moratorium for any work in the Camanche Avenue Corridor which the City Council determines would not negatively impact the redevelopment plan, upon showing good cause by the person, firm or corporation. This moratorium shall not apply to any required repairs that pose a health or safety hazard to the occupants or the general public or to any repair or replacement of any lawful sign as long as the repair or replacement does not change the size, shape or location of the sign. The moratorium shall not apply to any new wall signs placed on existing buildings or any fence.
(1999 Code, § 165.31) (Ord. 2107, passed 1-11-2000; Ord. 2234, passed 4-10-2001; Ord. 2264, passed 2-25-2003; Ord. 2275, passed 3-9-2004; Ord. 2296, passed 6-28-2005; Ord. 2317, passed 2-28-2006) Penalty, see § 159.999