The City Council may adopt amendments to this Title and the zoning map in relation both to land uses within a particular district or to the location of the district line. Such amendments shall not be issued indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the City as reflected in the Comprehensive Plan. Amendments must be adopted by a majority vote of the City Council. The adoption or amendment of any portion of a Zoning Code which changes all or part of the existing classification of a zoning district from residential to either a commercial or an industrial district requires a two-thirds majority vote of the City Council.
A. There are the following kinds of amendments:
1. A change in a district’s boundary (rezoning).
2. A change in a district’s regulations.
3. A change in any other provision of this Title.
B. Proceedings for amending this Title shall be initiated by at least one (1) of the following methods:
1. By action of the Community Development Department.
2. By petition of an owner of property which is proposed to be rezoned or for which district regulation changes are proposed.
3. By action of the City Council.
C. Amendments initiated by property owners. Procedures. The procedure for amendments is as follows:
1. The property owner or the owner’s agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form.
2. The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section 11-2-17 with the Community Development Director.
3. The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council.
4. The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3.
6. The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.
D. Required application information and materials. The following information and materials shall be required for the application:
1. A complete application form signed by all property owners.
2. All required fees and escrows.
3. A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.
4. A written statement that explains the request, including the section of the Zoning Code for which an amendment is requested as well as suggested language for the amendment. If applying for a rezoning, the request should describe the current and proposed zoning classification along with reasons supporting the proposed change. For the City Council to adopt a Zoning Code amendment or rezoning, it needs to be consistent with the City’s Comprehensive Plan. The written statement should address the request’s consistency with the Comprehensive Plan or a proposed amendment to the Comprehensive Plan.
5. A statement of all property owners of all land included within the proposal and a list of property owners’ names and addresses within five hundred feet (500') of the outer boundaries of the property obtained from Washington County or a title or abstract company.
6. An accurate boundary survey and conceptual development plan for the area proposed to be rezoned.
7. Any other information identified by the Community Development Director as required by state statute or necessary to review the proposal for consistency with the City’s Comprehensive Plan for example, but not limited to, environmental review, traffic impact study, future roadway layout, stormwater analysis, utility and grading plans and/or concept platting.
E. Amendments initiated by the Community Development Department or City Council. The following is the procedure for initiating an amendment based upon a recommendation by the Community Development Department or City Council:
1. The Community Development Department may initiate a study on a proposed ordinance amendment and report its findings and recommendations to the City Council.
2. Amendments initiated by the Community Development Department or City Council shall be referred to the Planning Commission for review and recommendation to the City Council.
3. The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3.
4. The City Council shall, after receipt of the report of the Planning Commission either approve or deny the proposed amendment or rezoning. Denial must comply with the requirements of City Code Section 11-2-11.