A. Authority: Whenever the public necessity, convenience, general welfare or good zoning practices require, and in accordance with the provisions for amendments to this title contained in the PADA, the city council may, by ordinance after receipt of recommendation thereon from the planning and zoning commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations of this title. Provided, however, any amendment, supplement, change or repeal in connection with chapter 3 of this title, must first be reviewed by the design review board and a recommendation of the design review board made to the planning and zoning commission.
B. Initiation Of Zoning Amendments: Amendments to this title may be initiated in one of the following ways:
1. By adoption of a motion by the planning and zoning commission;
2. By adoption of a motion by the city council; or
3. By the filing of an application by a property owner, or a person who has existing interest in property within the area proposed to be changed or affected by said amendment.
C. Application For Amendment: Applications for amendments to this title shall contain at least the following information:
1. Name, address, phone number and e-mail address of the applicant;
2. A vicinity map at a scale approved by the zoning administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the zoning administrator may require;
3. A list of all property owners and their mailing addresses who are within three hundred feet (300') of the external boundaries of the land being considered;
4. A statement on how the proposed amendment relates to the Spring Valley master plan and/or the PADA, availability of public facilities and compatibility with the surrounding area;
5. A fee as established by the city council; and
6. Letter from the master developer signifying the master developer's concurrence, conditional concurrence or opposition of the application.
D. General Procedure For Amendments: Land use districts shall be amended in the following manner:
1. Request for an amendment to this title shall be submitted to the planning and zoning commission, which shall evaluate the request to determine the extent and nature of the amendment requested. Request for an amendment to chapter 3 of this title shall be submitted first to the design review board, which shall evaluate the request to determine the extent and nature of the amendment requested and make its recommendation to the planning and zoning commission.
2. Request shall be reviewed by the planning and zoning commission and shall be evaluated to determine if such action shall create a demand for public infrastructure that is not currently available for the site including, but not limited to, municipal sewer and water services.
3. If the request is in accordance with the adopted Spring Valley master plan and/or the PADA, the planning and zoning commission may recommend and the city council may adopt or reject the amendment under the notice and hearing procedures provided in section 11A-8-13 of this chapter.
4. If the request is not in accordance with the adopted Spring Valley master plan and/or the PADA, the request shall be submitted, along with a proposed amendment to the Spring Valley master plan and/or the PADA, to the planning and zoning commission, which shall recommend, and the city council may adopt or reject an amendment to the Spring Valley master plan and/or the PADA, under the notice and hearing procedures provided in section 11A-8-13 of this chapter. After the Spring Valley master plan and/or the PADA has been amended, this title may then be amended as herein provided.
E. Public Hearings, Notice: The planning and zoning commission, prior to recommending an amendment to this title to the city council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. The planning and zoning commission shall follow the notice requirements provided in section 11A-8-13 of this chapter. Following the planning and zoning commission's hearing, if the planning and zoning commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the planning and zoning commission forwards the amendment with its recommendation to the city council.
F. Action By Planning And Zoning Commission:
1. Recommendation By The Planning And Zoning Commission: Within forty five (45) days from the receipt of the proposed amendment, the planning and zoning commission shall transmit its recommendation to the city council. The planning and zoning commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied. The planning and zoning commission shall ensure that any recommendations for amendments are in accordance with the following findings:
a. The proposed amendment is in accordance with the Spring Valley master plan and/or the PADA;
b. The information provided from the agencies having jurisdiction over Spring Valley indicates that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed on property affected by the proposed amendment; and
c. No nonconforming uses will be created with the amendment.
G. Action By City Council:
1. The city council, prior to adopting, revising or rejecting the amendment to this title as recommended by the planning and zoning commission, shall conduct at least one public hearing using the same notice and hearing procedures as the planning and zoning commission. Following the city council hearing, if the city council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the city council adopts the amendment.
2. Upon granting or denying an application to amend this title, the city council shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain the amendment.
H. Effect Of Amendment Approved: In the event the city council shall approve an amendment, such amendment shall thereafter be made part of this title upon the preparation and passage of an ordinance. (Ord. 710, 1-14-2014)