(A) Authority. This chapter and the zoning map may be amended from time to time by ordinance duly enacted by the City Council; provided, however, that no such amendment shall be enacted except in accordance with the procedures of § 153.19.
(B) Initiation. Proposed amendments or rezonings may be initiated by the City Council, by the Planning and Zoning Commission or by any one or more owners of real estate in the area to be affected by the amendment or rezoning, or by the owner of an enforceable option to purchase property in the area affected by the amendment or rezoning.
(C) Procedure.
(1) When any proposed amendment or rezoning is initiated by the City Council, the Council shall transmit its proposal to the Planning and Zoning Commission for a public hearing and report thereon.
(2) (a) When any proposed amendment or rezoning is initiated by an owner or owners of real estate in the city, an application for such amendment or rezoning, addressed to the City Council, shall be filed with the Zoning Administrator. A non-refundable application fee, established from time to time by the City Council to cover administrative costs, shall accompany the application.
(b) The application shall be in such form and contain such information as shall be prescribed from time to time by the Planning and Zoning Commission, but shall in all instances contain the following information:
1. The applicant's name and address;
2. The precise wording of any proposed amendment to the text of this chapter; and
3. In the case of a rezoning:
a. A legal description and street address of the property proposed to be reclassified;
b. The name and address of the property owner or owners of the said property;
c. The present zoning classification and existing uses of the property to be
reclassified;
d. The area of the property proposed to be reclassified, stated in square feet or acres, or fraction thereof; and
e. A map, drawn to scale, clearly showing the property proposed to be rezoned, its present zoning classification, existing uses, and its initial use under the proposed zoning and, if deemed necessary by the Zoning Administrator, a land survey will be required.
(3) A public hearing shall be scheduled, advertised, and conducted by the Planning and Zoning Commission in accordance with § 153.19 of this chapter.
(4) The Planning Commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors:
(a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with
the official City Comprehensive Plan.
(b) The proposed use is or will be compatible with present and future land uses of the area.
(c) The proposed use conforms with all performance standards contained herein and not create a non-conforming use.
(d) The proposed use will not tend to or actually depreciate the property values in the area in which it is proposed.
(e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity.
(f) Traffic generation by the proposed use is within capabilities of streets serving the property.
(5) Within 30 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the City Council its recommendation in the form of a written report. Such report shall be accompanied by the findings of fact specifying the reasons for the recommendation.
(Ord. 366, passed 8-7-2024)