(A) Application filing.
(1) Who may file. Zoning map amendments may be initiated by the City Council, by application of all the fee owners of the subject property or by the owners’ authorized agent. When the City Council initiates action under this chapter it does so without prejudice towards the outcome.
(2) Fees. Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall pay fees established by ordinance (see Fee Schedule). Under no condition shall the sum or any part thereof be refunded for failure of the change or request to be adopted or allowed by the Council. At its discretion, the City Council may waive fees for internal projects.
(3) Application. Applications for amendments to the official zoning map shall be submitted to the Director of Community Development or his or her designee. Rezoning applications may be processed concurrently with applications for site plan review and subdivision preapplication conferences.
(B) Development Review Committee review and recommendation. The Development Review Committee shall review each proposed zoning map amendment in light of the map amendment approval criteria set forth in division (F) of this section.
(C) Public hearing notice.
(1) The Director of Community Development or his or her designee shall publish legal notice in the newspaper not less than 15 days and shall post a sign on any premises, which are the subject of a rezoning, not less than ten days before the public hearing required by law, giving notice of the proposed zoning and the time and place of hearing thereon.
(2) Provided, however, that the Building Inspector shall not be required to post sings as set forth above when the public hearing is for the purpose of considering a comprehensive rezoning of the entire city.
(D) Planning and Zoning Commission review and recommendation. The Planning and Zoning Commission shall hold one public hearing upon the amendments and recommend approval, approval with modifications or denial of the proposed amendment based on the map amendment approval criteria set forth in division (F) of this section. If appropriate, the public hearing may be continued to a specific date. With each decision, the Planning and Zoning Commission shall prepare a findings of fact based on evidence presented at the public hearing. The findings shall be forwarded to the City Council and the applicant.
Figure 152.017: Amendment Process | ||
Steps | Time for Steps 4 & 5 and 5 & 6 | Time for Steps 2 through 5 |
Figure 152.017: Amendment Process | ||
Steps | Time for Steps 4 & 5 and 5 & 6 | Time for Steps 2 through 5 |
1. Initial contact with the Community Development Dept | Steps 4 and 5, not less than 15 days Steps 5 and 6, 40 days approx | Steps 2 through 5, 50 days approx. |
2. Complete application is filed with the Community Development Dept | ||
3. Initial comments by Development Review Committee | ||
4. Public notification newspaper (15 days) and signs (10 days) | ||
5. Public hearing before Planning and Zoning Commission, report and recommendation sent to Council | ||
6. City Council action (requires two readings) | ||
(E) City Council review and action. After receiving the recommendation of the Planning and Zoning Commission, the City Council shall review the application and act to approve, approve with modifications or deny the proposed amendment based on the map amendment criteria set forth in division (F) of this section.
(F) Map amendment approval criteria. Zoning map amendments may be approved if the City Council reviews all of the following criteria:
(1) The proposed amendment is consistent with the intent of the Comprehensive Plan;
(2) The proposed amendment corrects an error or inconsistency or addresses some changing condition in the area; if the change is inconsistent with the Comprehensive Plan and the rezoning is approved, the Comprehensive Plan should be amended to reflect this change in use;
(3) The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property;
(4) The city and other service providers will be able to provide adequate public facilities and services to the subject property, while maintaining adequate levels of service to existing development;
(5) The proposed amendment will not result in significant adverse impacts on other property in the vicinity of the subject tract or on the environment, including air, water, noise, stormwater management, wildlife and natural resources; and
(6) The subject property is suitable for the proposed zoning classification.
(Ord. 10-3277, § 1-2.3, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)