(A) Purpose. In order to maintain internal consistency within this code and on the zoning map, proposed amendments to the text and zoning map must be consistent with the purposes stated herein.
(B) Applicability. All proposed amendments to the text of this code and zoning map shall comply with the provisions of this section.
(C) Approval criteria. In determining whether the proposed amendment shall be approved, the following factors shall be considered:
(1) Whether the existing text or zoning designation was in error at the time of adoption;
(2) Whether there has been a change of character in the area or throughout the city due to installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.;
(3) Whether the proposed rezoning is compatible with the surrounding area and defining characteristics of the proposed zoning district or whether there may be adverse impacts on the capacity or safety of the portion of street network influenced by the rezoning, parking problems, or environmental impacts that the new zone may generate such as excessive storm water runoff, water, air or noise pollution, excessive nighttime lighting, or other nuisances;
(4) Whether the proposal is in conformance with and in furtherance of the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this code, and other city regulations and guidelines;
(5) Whether adequate public facilities and services are available or will be made available concurrent with the projected impacts of development in the proposed zone;
(6) Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs; or
(7) Whether there is a need in the community for the proposal and whether there will be benefits derived by the community or area by the proposed rezoning.
(D) Decision-maker. The Zoning Administrator and Zoning Board of Appeals shall make recommendations and the City Council shall take final action.
(1) When the Zoning Board of Appeals or City Council deems it necessary or expedient, additional property in the zoning district may be considered for a zoning change provided that this additional property is also addressed in the public hearing notice, in accordance with § 154.919(F).
(2) In the event of a written protest against a proposed amendment signed and acknowledged by the owners of 20% of the frontage proposed to be altered or by the owners of 20% of the frontage immediately adjoining or across the alley or rear line therefrom or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered as to such regulations or zoning district and field with the City Clerk, such amendment shall not be passed except by the favorable vote of two-thirds of all of the selected members of the City Council.
(E) Application and review procedures. Application requirements and processing procedures are those described in Table 154.918.1 and § 154.919 with the following modifications:
(1) Application requirements. An application for a text amendment to this code or rezoning shall include a written report that addresses each criteria as listed in division (C) above.
(2) Notice. Mailed Notice. A rezoning request relating to more than 5% of the entire incorporated area of the city and all text amendment requests shall not require mailed notice to any property owner. Instead, the Zoning Administrator shall purchase a quarter-page display advertisement in a local newspaper of general circulation. The content and timing of said advertisement shall follow the published notice provisions of § 154.919(F).
(3) Resubmittal of application. No application which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date of the denial, except on grounds of new evidence or proof of changed conditions found to be valid by the Zoning Board of Appeals.
(Ord. O-05-04, passed 4-11-05)