(A) Authority. This chapter and the official zoning map may be amended from time to time by ordinance duly enacted by the City Council; provided, however, that, no amendment shall be enacted, except in accordance with the procedures of § 154.171 of this chapter, regarding public hearings.
(B) Initiation. Proposed amendments or rezonings may be initiated by the City Council, by the Planning Commission, 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 Commission for a public hearing and report thereon.
(2) When any proposed amendment or rezoning is initiated by an owner or owners of real estate in the city, an application for that amendment or rezoning, addressed to the City Council, shall be filed with the City Administrator. A non-refundable application fee, established from time to time by the City Council to cover administrative costs, shall accompany the application. The application shall be in the form and contain that information as shall be prescribed from time to time by the Planning Commission, but shall in all instances contain the following information:
(a) The applicant’s name and address;
(b) The precise wording of any proposed amendment to the text of this chapter; and
(c) In the case of a rezoning:
1. A legal description and street address of the property proposed to be reclassified;
2. The name and address of the property owner or owners of the property;
3. The present zoning classification and the existing uses of the property to be reclassified;
4. The area of the property proposed to be reclassified, stated in square feet or acres, or fraction thereof; and
5. A map, drawn to scale, clearly showing the property proposed to be rezoned, its present zoning classification and 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 set, advertised and conducted by the Planning Commission in accordance with § 154.171 of this chapter.
(4) Within 30 days following the conclusion of the public hearing, the Planning Commission shall transmit to the City Council its recommendation in the form of a written report. The report shall be accompanied by the findings of fact specifying the reasons for the recommendation.
(5) The City Council may apply a condition to a rezoning that would revert the site to the previous zoning classification if substantial development activity has not commenced on the site within two years of the date of rezoning approval.
(6) The flood plain designation on zoning maps shall not be removed from the flood plain areas unless it can be shown that the designation is in error or that the areas are filled to an elevation at or above the flood protection elevation and are contiguous to other lands lying outside the flood plain district. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are protected adequately for the intended uses.
(7) All amendments to either the flood plain designation on the official zoning map or flood plain provisions of this chapter must be submitted to and approved by the Commission of Natural Resources prior to adoption.
(2004 Code, § 154.168) (Ord. 464, passed 1- -1996)