(A) Authority to amend. The City Council may from time to time amend this chapter, including modification of the boundaries of the zoning districts.
(B) Recommendation of Planning and Zoning Commission. Any such proposed amendment or modification must be submitted to the Planning and Zoning Commission for public hearing, recommendation and report, before the same is acted on by the City Council. The Commission may undertake any such study and public hearing on its own motion, or on request from the City Council, from any citizen, or from any party having a proprietary interest in any affected property.
(C) Public hearings and notices required.
(1) A public hearing shall be held by the Planning and Zoning Commission on any proposed zoning change. Ten days’ written notice in advance of the hearing shall be sent by ordinary mail, postage prepaid, to each taxpayer, as shown by the last approved city tax roll, who owns real property lying within 200 feet of the property on which the change is requested, in the manner required by law.
(2) The City Manager or designee shall have at least 1 sign erected on the property for which a zoning change has been requested. The sign shall have total area of at least 4 square feet and shall be located adjacent to streets, if possible. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing on a zoning change and the telephone number of the public official from whom dates of public hearing may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zoning change recommendation or approval or the holding of any public hearing.
(3) A public hearing on any proposed amendment shall be held by the City Council before its adoption. Fifteen days’ published notice in advance of the hearing shall be given, by publication thereof in 1 issue of the official publication of the city, in the manner required by law.
(D) Petition in opposition. In all zoning cases where a valid petition in opposition to the change has been filed by the owners of 20% or more of the land located within 200 feet of the subject property in a timely manner, and in those cases where the requisite 75% of the Council has not approved the proposed change, then, in each such instance, no application for a rezoning of the same subject property to the same or a more liberal classification shall be filed or considered within a period of 6 months from the Council’s action in denying the original application.
(E) Waiting period for re-submittal of zoning request. In all other cases where an application for rezoning has simply been denied and no petition in opposition filed in conjunction therewith, then, in such cases, there shall be no reapplication for the same or a more liberal zoning classification change filed, submitted, or considered within 90 days from the date of the Council’s action in denying the original application.
(F) Withdrawal of application for zoning change. In the event that an applicant withdraws his or her application for a change in zoning on any subject property prior to the Council’s action in either granting or denying the same, then, in such instance, no reapplication for any zoning change shall be made on the subject property for a period of 30 days from the date that the applicant withdraws his or her original application. An applicant shall have the absolute right to withdraw his or her application at any time prior to action thereon by the Council provided he or she does so in writing. However, in the event that at any stage of the rezoning process prior to action by the Council thereon, when a valid petition has been filed by the owners of 20% or more of the land within 200 feet of the subject property, then in such instance the applicant whether such application be withdrawn or not, shall be precluded for a period of 6 months from such withdrawal or action of denial by the Council thereon, from reapplying for the same or a more liberal zoning classification to that just applied for.
(G) Modification of zoning district boundary. All requests for amendments to this chapter requiring modification of the boundaries of the zoning districts shall be accompanied by a current plat of the property, verified by a registered surveyor, which accurately depicts the property in accordance with the City of Ferris subdivision regulations. All zoning change requests shall also be accompanied by a current tax statement showing that there are no outstanding taxes or liens due on the property. Prior to final approval by the City Council, all rights-of-way and easements adjacent to and within the boundaries of the property under consideration will be dedicated in conformance with the standards as set forth in the City of Ferris subdivision regulations.
(Ord. O-12-743, passed 12-3-2012)