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Every proposal to amend, supplement or change the regulations or restrictions of this ordinance, or the boundaries of the zoning districts, shall be filed with the zoning commission, in accordance with the zoning commission’s established rules of procedure. An application may be filed by the owner of property or an authorized agent, or by the planning and development department upon recommendation of the zoning commission, plan commission, board of adjustment or city council.
(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)
Every application shall be accompanied by the appropriate filing fee as provided in the schedule of fees and charges contained in Chapter 2 of the city code. No fee shall be charged for proposals filed upon recommendation of the zoning commission, plan commission, board of adjustment or city council.
(Ord. 13896, passed 10-12-1999)
(a) Written notice. Written notice of all public hearings before the zoning commission on proposed changes in zoning classification shall be sent to owners of real property lying within 300 feet of the property upon which the change in classification is proposed, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes, as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. When property lying within 300 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, at least 15 days’ notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the city. See § 4.305(b) for additional notice requirements for halfway houses and certain multifamily dwellings.
(b) Posted notice.
(1) The city manager or a designee shall direct the erection of at least one sign upon each property proposed to be rezoned. Where possible, such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.
(2) Such sign(s) shall be so erected not less than ten days before the date set for public hearing before the zoning commission. Any such sign(s) shall be removed subsequent to the occurrence of either final action by the city council or withdrawal of the application for amendment.
(3) Such sign(s) shall substantially indicate that a zoning amendment is proposed and shall further set forth that additional information can be acquired by telephoning the number indicated thereon.
(4) The erection and/or the continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing, to the recommendation concerning or adoption of any proposed zoning amendment or to any other official action concerning any such amendment.
(c) Published notice. Notice of a public hearing before the city council shall be given by publication one time in the official newspaper or a paper of general circulation in the municipality at least 15 days before the hearing. See § 4.305(b)(1) for additional requirements for halfway houses.
(Ord. 13896, passed 10-12-1999)
The zoning commission shall hold public hearings on all properly filed, noticed and meeting agenda posted proposals. After closing of the public hearing on a proposal, the zoning commission shall transmit to the city council its recommendation on said proposal. For zoning application withdrawals see § 3.506.
(Ord. 13896, passed 10-12-1999; Ord. 22465-10-2016, § 1, passed 10-11-2016, eff. 11-3-2016)
(a) Zoning commission recommendation and council hearing. Every proposal to amend a zoning boundary which is recommended for approval or denial by the zoning commission and every proposed amendment to the regulations of this ordinance shall be forwarded to the city council for a public hearing as required by state law. No change, however, shall become effective until after the adoption of an ordinance and its publication as required by law.
(b) City council action. Upon receipt of the final report and recommendation of the zoning commission, the city council may:
(1) Approve the application;
(2) Deny the application with prejudice;
(3) Deny the application without prejudice as to the re-filing upon showing that unnecessary hardship will otherwise result and that the intent and spirit of the ordinance will be observed; or
(4) Refer the original proposal to the zoning commission for a new hearing, report and recommendation.
(5) Accept a request to withdraw the application.
City Council Hearing and Action Procedure
(Ord. 13896, passed 10-12-1999; Ord. 16948, § 1, passed 5-16-2006; Ord. 22465-10-20 16, § 1, passed 10- 11-2016, eff. 11-3-2016)
(a) The applicant shall submit in writing the withdrawal request to the zoning administrator.
(b) The action on the withdrawal request shall be based on the timing of the request as follows:
(1) An applicant may withdraw an application prior to written notice of the zoning commission public hearing. The city shall not take further action on the application.
(2) A request to withdraw an application after written notice or after the application is posted on a zoning commission public hearing agenda shall be deemed accepted and no further action is required. A request to withdraw an application during the zoning commission meeting must be approved by the zoning commission. The city shall not take further action on the application.
(3) After the zoning commission public hearing, an applicant may withdraw an application prior to it being posted on the city council's agenda. The city shall not take further action on the application.
(4) A request to withdraw an application after it is placed on a posted agenda or during the city council public hearing is at the city council's discretion. The city council may take any action described in § 3.504(b). The decision of the city council is final.
(c) Subject to the limitations in § 3.506, to re-initiate review, the applicant shall submit a new application and fee.
(Ord. 13896, passed 10-12-1999; Ord. 16948, § 2, passed 5-16-2006; Ord. 22465-10-2016, § 1, passed 10-11-2016, eff. 11-3-2016; Ord. 23024-12-2017, § 4, passed 12-5-2017, eff. 3-17-2018)
When a proposal is denied with prejudice by the city council or when the applicant has withdrawn after a recommendation of denial with prejudice of the proposal by the zoning commission no new applications of like nature shall be accepted by the city or scheduled for a hearing by the zoning commission within a period of 12 months of the date of denial or withdrawal; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the city council may waive the mandatory delay period and authorize the acceptance of a new application.
(Ord. 13896, passed 10-12-1999; Ord. 16948, § 2, passed 5-16-2006; Ord. 22465-10-2016, § 1, passed 10-11-2016, eff. 11-3-2016; Ord. 24278-06-2020, § 1, passed 6-23-2020, eff. 7-2-2020)
(a) For designation of planned development (“PD”) districts, see Chapter 4, Article 3.
(b) For designation of conservation (“CD”) overlay districts, see Chapter 4, Article 4.
(c) For designation of historic preservation overlay districts (“HSE,” “HC,” “DD”), see Chapter 4, Article 4.
(Ord. 13896, passed 10-12-1999)