(A) Purpose. The Amendment Procedures describe the methods by which changes may be made in the text of this chapter (text amendment) and/or the official boundaries of zoning districts (re-zoning).
(B) Initiation of amendments. Text amendments may be initiated by the Planning Commission or City Council. Re-zonings may be initiated by a property owner or authorized agent, the Planning Commission or the City Council.
(C) Re-zoning application requirements. An application for a re-zoning may be filed with the Community Development Office. Any such application will not be deemed submitted until all of the stated information is included. It is the responsibility of the applicant to provide all of the requested information. Incomplete applications will not be place on the Planning Commission Agenda until all such missing information is provided. Such completed application shall be submitted to the Community Development Office at least 21 calendar days (including holidays) before the Planning Commission meeting at which time the public hearing on the application may be held subject to administrative official approval to proceed. A complete submission must be provided prior to the staff recommendation that the permit application is to be acted on the Planning Commission. The application shall include the following information and shall be submitted on a form approved by the Community Development Office:
(1) Name, email, mailing address and phone number of the property owner who is making application or said property owner’s authorized agent.
(2) Legal representation, including the name of the firm, attorney, phone number and email and mailing address;
(3) Owner, address, email address and legal description of the property;
(4) A description of the reason for the re-zoning application and the nature and operating characteristics of the proposed use;
(5) An aerial image depicting the proposed development on the property and the existing surrounding zoning classifications. A site plan, when requested by the building official, which includes all information as described in § 151.296;
(6) The current zoning and the requested zoning; and
(7) Be signed by the property owner or the property owner’s duly authorized agent.
(D) Amendment process.
(1) The Planning Commission, following ten days notice as required by § 151.298 shall hold a public hearing on each proposed text amendment or re-zoning amendment and, following such public hearing, shall recommend action to the City Council. The Planning Commission may recommend as part of its recommended approval of a re-zoning any conditions reasonably related to the interest of public health, safety, morals and the general welfare.
(2) The City Council, after ten days notice as required by § 151.298 and after public hearing, shall act on the proposed amendment. The City Council may impose any reasonable conditions on the approval of the re-zoning, provided said conditions are reasonably related to the interest of public health, safety, morals and the general welfare. In furtherance thereof, the City Council may condition re-zoning on the adoption of an agreement between the developer and the city.
(3) The applicant shall be responsible for preparing and furnishing in proper form a “draft” ordinance including any reasonable conditions recommended by the Planning Commission sufficiently in advance of the City Council Meeting for review by city staff and for distribution to the Mayor and members of the City Council. A “final” ordinance for said re-zoning shall be thereafter submitted by applicant for action by the City Council.
(E) Required notice and publication. Prior to consideration of amending, supplementing, changing, modifying or repealing this chapter by the Planning Commission and by the City Council, notice of public hearing before the Planning Commission and before the City Council shall be provided as follows:
(1) Posted notice: In the case of re-zonings, a notice shall be posted by the applicant in a conspicuous pace on or near the property upon which action is pending. Such notice shall be not less than 18 inches in height and 24 inches in width with a white or yellow background and black letters not less than one and one-half inches in height. Such posted notice shall be so placed on or near such premises that is easily visible from the street and shall be so posted at least ten days before the date of such hearing. It shall be the duty of the applicant to make sure the signs are laminated or otherwise protected from the weather so that they remain visible and legible for said ten-day period. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearing. It shall be the responsibility of the applicant to make sure the signs remain posted for said ten-day period and in the event any sign is removed, mutilated, destroyed or changed, it shall be the duty of the applicant to promptly post a new sign for the remainder of the ten-day period.
(2) Notice of publication: In the case of text amendments and re-zonings, at least ten days before the date of hearing the City Clerk shall have published in a daily newspaper having a general circulation in the city a notice of the time, place and subject matter of such hearing.
(3) (a) Notice by personal service or mail: In the case of re-zonings, at least ten days prior to the date of the hearing, the applicant shall either:
1. Personally serve; or
2. Mail to the last known address, written notice of such hearing to each of the following:
a. The owners of the real estate to be zoned or re-zoned;
b. The owners of all real estate located within 300 feet of the real estate to be zoned or re-zoned; and
c. The board of education of each school district in which the real estate to be zoned or re-zoned is located.
(b) If the record title owners of any real estate included in such proposed change be non-residents of the municipality, a written notice of such hearing shall be mailed by certified mail to their last-known address at least ten days prior to the date of such hearing.
(4) Exception: The provisions of divisions (E)(1) and (E)(3) above shall not apply in the event of:
(a) A proposed change in such regulations, restrictions, districts or boundaries throughout the entire areas of an existing zoning district or of the city;
(2) In the event additional or different types of zoning districts are proposed, whether or not such additional or different districts are made applicable to areas, or parts of areas, already within a zoning district of the city; or
(3) Text amendments; in such instances only the requirements heretofore set forth in division (E)(2) above shall be applicable.
(5) Affidavit of notice compliance: The applicant shall be responsible for filing with the City Clerk on the date of the hearing an affidavit of notice compliance. Said affidavit shall verify that the “posted notice” requirements set forth in division (E)(1) above and that the “notice by personal service or mail” requirements set forth in division (E)(3) above were both complied with. Said affidavit shall be submitted on a form approved by the City Clerk’s office.
(F) Denial of proposed amendment; waiting period. In the event that a proposed amendment or change as provided in this subchapter is not approved by the City Council, no new request shall be made for the same or substantially similar amendment or change within six months of said denial thereof or six months from said failure to pass the same.
(Ord. 23-09, passed 8-21-2023)