(a) In General. This Zoning Code text and map may be amended utilizing the procedures specified in this section. Whenever the public necessity, convenience and general welfare, the provisions of the Englewood Comprehensive Land Use Plan or good zoning practices require, Council may, by ordinance, after receipt of recommendation from the Planning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and zoning district boundaries or reclassification of property.
(b) Initiation of Zoning Amendments. Amendments to this Zoning Code may be initiated in one of the following ways:
(1) By adoption of a motion by the Commission;
(2) By adoption of a resolution by Council; or
(3) By the filing of an application by at least one owner or lessee of property within the area proposed to be changed or affected by such amendment.
(c) Contents of Application. The application for amendment shall contain at least the following information:
(1) The name, address and phone number of the applicant;
(2) The proposed amendment to the text and/or a complete legal description of the property;
(3) The present and proposed zoning districts;
(4) A vicinity map at a scale approved by the Code Enforcement Officer showing property lines, streets, existing and proposed zoning and such other items as the Code Enforcement Officer may require;
(5) The present and proposed uses;
(6) A plat layout drawn to scale showing the actual shape and dimensions of the lots or parcels to be recorded and all lots and parcels within 200 feet thereof and showing the buildings, uses and zoning classifications therefor, marked "Exhibit A" and attached to each application;
(7) A list of all property owners within 200 feet, contiguous to, and directly across the street from, the parcels proposed to be rezoned and other persons who may have a substantial interest in the case;
(8) A statement on how the proposed amendment relates to the Englewood Comprehensive Land Use Plan; and
(9) Specific reasons justifying the application for amendment and indicating which paragraphs in Section 1268.02(c) apply to the application.
(d) Transmittal to Planning Commission. Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, such resolution or application shall be transmitted to the Commission.
(e) Public Hearing by Planning Commission. The Commission may schedule a public hearing after the adoption of a motion, transmittal of a resolution from Council or filing of an application for a zoning amendment. Such hearing shall be not less than ten days from the date of the receipt of such motion, transmittal of such resolution or filing of such application.
If the proposed amendment intends to rezone or restrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing may be mailed by the Commission by first class mail at least five days before the date of the hearing to all owners of property within 200 feet contiguous to, and directly across the street from, such area proposed to be rezoned or redistricted, to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and such other list or lists that may be specified by Council.
(f) Recommendation by Planning Commission. Within forty-five days after holding its public hearing, if held, or within seventy-five days after adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, the Commission shall make a recommendation; it may recommend to Council that the amendment be granted as requested or it may recommend a modification of the amendment requested or it may recommend that the amendment not be granted. The Commission shall certify its recommendation to Council.
(g) Public Hearing by Council. Upon receipt of the recommendation from the Commission, Council shall schedule a public hearing not more than sixty days following receipt of the recommendation from the Commission. Notice of this public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the City. Such notice shall be published at least ten days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(h) Notice to Property Owners by Council. If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council by first class mail at least seven days before the day of the public hearing to all owners of property within 200 feet contiguous to, and directly across the street from, such area proposed to be rezoned or redistricted, to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and such other list or lists that may be specified by Council. The failure to deliver the notification, as provided in this section, shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (g) hereof.
(i) Action by Council.Within sixty days after conducting its public hearing, Council shall either adopt or deny the recommendation of the Commission or adopt some modification thereof. In the event Council denies or modifies the recommendation of the Commission, it must do so by not less than the majority of the full membership of Council.
(Ord. 79-56. Passed 11-13-79 ; Ord. 86-24. Passed 12-9-86.)