(A) Purpose. The purpose of this section is to provide a means for amending the text of this ZDO or making an amendment to the official zoning map (rezoning).
(B) Authority. The City Council may adopt an ordinance amending the text of this ZDO or amending the official zoning map (rezoning) upon compliance with the provisions of this section.
(C) Initiation.
(1) Amendment to the text of this ZDO. An application to amend the text of this ZDO may be initiated by the City Council, the Planning Commission, the Zoning Administrator, an owner of land in the city, or a citizen of the city.
(2) Amendment to official zoning map. An application to amend the official zoning map (rezoning) may be initiated by the City Council, the Planning Commission, the Zoning Administrator, or by a person or entity who may submit applications pursuant to § 162.02-01, Authority to File Applications.
(D) Procedures.
(1) Application submittal. In addition to the application submission requirements in § 162.02, Common Review Procedures, applicants for an amendment to the official zoning map shall submit the following items:
(a) The name and address of all abutting and opposite property owners of record within 500 feet of the subject land(s); and
(b) A plat of survey prepared by a registered land surveyor (a copy of the existing tax map is sufficient when the land to be reclassified follows established lot lines).
(2) Application review, notification and scheduling hearing. The procedures and requirements for review of an application, public notification, and scheduling the public hearing are established in § 162.02, Common Review Procedures. Prior to the preparation of the staff report, city staff may make recommendations to the Zoning Administrator to include in the staff report.
(3) Review and recommendation by Planning Commission. On the date of the referral of the application from the Zoning Administrator, the Planning Commission shall conduct a public hearing on the application pursuant to § 162.02-17, Public Hearing Procedures. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the staff report, the testimony given at the hearing, and make a report to the City Council recommending either to approve or disapprove the application based on the standards in § 162.03-01(E), Text Amendment Standards, or § 162.03-01(F), Zoning Map Amendment Standards, (as appropriate). If the Planning Commission fails to forward the report to City Council within 30 calendar days from the date of referral, the application is deemed to have been recommended for approval.
(4) Review and action by City Council. After receipt of the report from the Planning Commission, the City Council may conduct a public hearing on the application pursuant to § 162.02-17, Public Hearing Procedures. At the public hearing, the City Council should consider the application, the relevant support materials, the staff report, the report of the Planning Commission, and the testimony given at the hearing. In its discretion, the City Council may refer the matter to the Planning Commission for further study and recommendation on specific issues and for a supplemental report to be submitted to the City Council within 45 calendar days. If the referral requires additional public notification, it shall be given in accordance with § 162.02-09, Public Notification. The City Council shall either adopt an ordinance amending the text of this ZDO or the official zoning map (whichever is appropriate), or disapprove the application, based on the standards of § 162.03-01(E), Text Amendment Standards, or § 162.03-01(F), Zoning Map Amendment Standards.
(E) Text amendment standards. Amending the text of this ZDO is a matter committed to the legislative discretion of the City Council. In determining whether to adopt or disapprove the proposed amendment, the City Council should consider and weigh the relevance of the following factors:
(1) Whether and the extent to which the proposed amendment is consistent with the Comprehensive Plan;
(2) Whether the proposed amendment is in conflict with any provision of this ZDO, and related city regulations;
(3) Whether and the extent to which there are changed conditions that require an amendment;
(4) Whether and the extent to which the proposed amendment addresses a demonstrated community need;
(5) Whether and the extent to which the proposed amendment is consistent with the purpose and intent of the zoning districts in this ZDO, or will improve compatibility among uses and will ensure efficient development within the city;
(6) Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern;
(7) Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment;
(8) Whether and the extent to which the proposed amendment would result in development that is adequately served by public facilities (roads, potable water and sewage, schools, parks, police, and fire and emergency medical facilities).
(F) Zoning map amendment standards. Amending the official zoning map is a matter committed to the legislative discretion of the City Council. In considering an amendment to the official zoning map, the City Council may adopt a change for only part of the area requested or for a less intense zoning district than requested by the applicant, or both. In determining whether to adopt or disapprove the proposed amendment, the City Council should consider and weigh the relevance of the following factors:
(1) Whether and the extent to which the proposed amendment is consistent with the Comprehensive Plan;
(2) Whether and the extent to which there are changed conditions that require an amendment;
(3) Whether and the extent to which the proposed amendment addresses a demonstrated community need;
(4) Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land;
(5) Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern, or deviate from logical and orderly development patterns;
(6) Whether and the extent to which the proposed amendment would encourage premature development;
(7) Whether and the extent to which the proposed amendment would result in undesirable strip or ribbon commercial development;
(8) Whether and the extent to which the proposed amendment will result in the creation of an inappropriately-isolated zoning district unrelated to adjacent and surrounding zoning districts;
(9) Whether and the extent to which the proposed amendment will result in significant adverse impacts on the property values of surrounding lands;
(10) Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment;
(11) Whether and the extent to which the proposed amendment would result in development that is adequately served by public facilities (roads, potable water and sewage, schools, parks, police, and fire and emergency medical facilities).
(Ord. 05-10, passed 3-23-10)