A. Application And Fees:
1. The planning commission, board of commissioners or any person, corporation, partnership, association, or combination thereof, having a legal or equitable interest in or to real property, may file an application for a change in the zoning classification of such property by amendment of the zoning map. An application shall be filed with the planning commission, shall be in such form and content as the planning commission may by resolution establish, and shall be accompanied by payment of a fee, as set forth in the following table: (Ord. 165, 12-6-1983)
ZONING MAP AMENDMENT FEES
Zoning Classification Requested
| Base Fee
| Sliding Fee
| ||
Zoning Classification Requested
| Base Fee
| Sliding Fee
| ||
a. | Low intensity (AG, RE, RS-1, RS-2, RS-3, RD): | |||
(1) | 5.0 acres or less | $ 90.00 | ||
(2) | For each additional acre increment and/or fraction thereof | $ 2.00 | ||
(3) | Maximum | 300.00 | ||
b. | Medium intensity (RMH, RM-T, RM-1, RM-2, OL, OM): | |||
(1) | 5.0 acres or less | 100.00 | ||
(2) | For each additional acre increment and/or fraction thereof | 5.00 | ||
(3) | Maximum | 400.00 | ||
c. | High intensity (CS, CG, CH, IL, IM, IH): | |||
(1) | 5.0 acres or less | 200.00 | ||
(2) | For each additional acre increment and/or fraction thereof | 10.00 | ||
(3) | Maximum | 500.00 | ||
d. | Multiple zoning classification1: | |||
(1) | Highest of base fees2 | a(1), b(1), c(1) of this table | ||
(2) | Plus per acre cost per category3 | a(2), b(2), c(2) of this table | ||
(3) | Maximum | $700.00 | ||
e. | Planned unit development review: | |||
(1) | 10.0 acres or less | 100.00 | ||
(2) | For each additional acre or fraction thereof over 10.0 up to and including 100.0 | $5.00 | ||
(3) | For each acre or fraction thereof over 100.0 | 1.00 | ||
(4) | Maximum | 400.00 | ||
f. | Abandonment of planned unit development | 35.00 | n/a | |
g. | Minor amendment to planned unit development: | |||
Bulk and area variances (5 percent or less) | 25.00 | n/a | ||
Bulk and area variances (over 5 percent) | 50.00 | n/a | ||
Notes:
1. In addition to changing the highest base fee in a multiple zoning application (note 2 of this table) the highest sliding fee shall be charged for the total area included in a multiple zoning classification request, unless the applicant calculates and records on the zoning application form the specific number of acres for each zoning classification requested.
2. Only 1 base fee (a(1), b(1), c(1) of this table) shall be charged for multiple zoning classification requests and it shall be the highest of the base fees per type of zoning requested.
3. The applicant shall be charged, in addition to the highest of the base fees, a sliding fee (a(2), b(2), c(2) of this table) for each acre of each category requested, except the first 5 acres of the highest category which has already been charged in the base fee.
(Ord. 165, 12-6-1983; amd. 2002 Code; Ord. 257, 12-8-2008)
2. An application shall be filed with the city clerk and shall be set for public hearing.
B. Notice Required: The planning commission shall give fifteen (15) days' notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation. In addition, twenty (20) days' notice of public hearing shall be given by posting the property sought to be rezoned, and by mailing notice to all owners of property within a three hundred foot (300') radius of the exterior boundary of the property. The notice shall contain:
1. Date, time, and place of public hearing.
2. Legal description of the property and the street address or approximate location of the property.
3. Present zoning district classification of the property and the proposed zoning district classification, provided: (Ord. 165, 12-6-1983)
a. Notice of a proposed RM-2 rezoning shall confer jurisdiction on the planning commission and board of commissioners to consider and act upon RM-T, RM-2, RM-1, RD, RS-3, RS-2, RS-1, and RE, or combinations thereof, in the disposition of the application, and in like manner, notice of any R district, including RMH, shall confer jurisdiction to consider any less dense R district, except RMH. (Ord. 165, 12-6-1983; amd. Ord. 257, 12-8-2008)
b. Notice of a proposed CH rezoning shall confer jurisdiction on the planning commission and board of commissioners to consider and act upon CH, CG, CS, OM, and OL or combination thereof in the disposition of the application, and in like manner, notice of any C district shall confer jurisdiction to consider any less intense C district or any O district, and notice of any O district shall confer jurisdiction to consider any less intense O district.
c. Notice of a proposed IH rezoning shall confer jurisdiction on the planning commission and board of commissioners to consider and act upon IH, IM, IL, or combination thereof, in the disposition of the application, and in like manner, notice of any I district shall confer jurisdiction to consider any less intense I district.
d. Specific notice of a proposed AG or RMH district shall be required to confer jurisdiction on the planning commission and board of commissioners to consider such AG or RMH district.
C. Planning Commission Action On Zoning Map Amendments: After notice and public hearing, the planning commission shall vote to:
1. Recommend to the board of commissioners that the application be approved as submitted, or as amended, or be approved subject to modification; or
2. Recommend to the board of commissioners that the application be denied.
An application recommended for approval, or approval subject to modification, or denial shall be transmitted, with the report and recommendations of the planning commission to the board of commissioners within fifteen (15) days from the date of planning commission action. In the event the planning commission arrives at a tie vote, it shall be transmitted, with a report and notation of the tie vote, to the board of commissioners within fifteen (15) days from the date of planning commission action.
3. Prior to the submission to the board of commissioners, all data, materials, recommendations and other pertinent information transmitted to the board of commissioners from the action taken by the planning commission at a public hearing shall be approved for accuracy by the chairman, or in his absence, the secretary of the planning commission.
D. Board Of Commissioners' Action On Zoning Map Amendments: The board of commissioners shall, after the public hearing, approve the application as submitted, or as amended, approve the application subject to modification, or deny the application. In case of a protest against such zoning change filed at least three (3) days prior to the public hearing by the owners of twenty percent (20%) or more of the area of the lots included in such proposed change, or by the owners of fifty percent (50%) or more of the area of the lots immediately abutting any side of the territory included in such proposed change, or separated therefrom only by an alley or street less than three hundred feet (300') wide, such amendments shall not become effective except by the favorable vote of three-fifths (3/5) of all the members of the city commission. (Ord. 165, 12-6-1983)