(A) Applicability.
(1) The Council may adopt amendments to this chapter and the zoning map in relation both to land uses within a particular district or to the location of a district line. The amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city.
(2) Types of amendments:
(a) A change in a district's boundary (rezoning);
(b) A change in a district's regulations; and
(c) A change in any other provision of this chapter.
(3) Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:
(a) By petition of an owner or owners of property which is proposed to be rezoned or for which district regulation changes are proposed;
(b) By recommendation of the Planning and Zoning Commission; and/or
(c) By action of the Council.
(B) Pre-application meeting. A pre-application meeting pursuant to § 154.065(D) is required for property owners initiating proceedings prior to submitting a Zoning Amendment application.
(C) Submittal.
(1) The applicant shall file the completed application form together with required exhibits with the Zoning Administrator and shall pay a filing fee as established by the Council.
(2) The Zoning Administrator shall review the application and, within 15 business days after receiving the application, shall notify the applicant in writing if the application is not complete and what additional information is required.
(3) Criteria for complete submittal. No submittal for rezoning or an amendment to district regulations initiated by property owners shall be considered complete without receipt of the following:
(a) A completed application form;
(b) Evidence of ownership or enforceable option on the property;
(c) A description of the proposed future use of the site or amendment to this chapter;
(d) A narrative by the applicant describing how the requested rezoning/amendment complies with the guidance of the comprehensive plan;
(e) If the amendment is related to a development, a preliminary building and site plan is required; and
(f) Any additional information deemed necessary by the Zoning Administrator to determine the suitability of the particular site for the proposed use.
(D) Review process.
(1) Application distributed. When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall distribute the application and exhibits to any applicable city staff, officials and other government agencies for review and comment.
(2) Hearing on application.
(a) When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J).
(b) The Planning and Zoning Commission shall hold the public hearing and may table the application if necessary to study the application to determine possible adverse effects of the proposed zoning amendment and determine what additional requirements may be necessary to reduce any adverse effects.
(3) Review and decision.
(a) Upon the conclusion of the public hearing, the Planning and Zoning Commission shall recommend to the City Council either approval of the Rezoning/Zoning Amendment or denial of the Zoning Amendment.
(b) The Council shall act upon the application within 30 days after receiving the recommendation of the Planning and Zoning Commission.
1. A copy of the proposed ordinance shall be available for public view at the City Hall and posted online for public view at least ten days prior to the City Council meeting.
2. Amendments to this chapter shall be by passage upon a simple majority vote of the City Council.
(c) The city shall take action to approve or deny the application within 60 days of receiving a completed application, as detailed within § 154.065(I).
(d) No resubmittal of an application for a zoning amendment shall be considered by the city within a one-year period following a denial of the request, except as provided within § 154.065(L).
(4) Criteria for review.
(a) In making the determination, whether or not the zoning ordinance is to be amended, the City Council shall consider:
1. The compliance of the zoning amendment with the overall guidance of the comprehensive plan; and
2. The effect the zoning district as a whole would have on the site and adjacent sites.
(b) In making its determination, the City Council shall not utilize the preliminary building and site plan as reasoning to approve or deny the zoning amendment; furthermore, the approval or denial of a zoning amendment shall not be considered action taken nor approval given of a preliminary building and site plan.
(E) Issuance of decision.
(1) Publishing and recording.
(a) A copy of the amended ordinance, or a summary publication as may be approved, shall be published in the local newspaper.
(b) The City Clerk shall maintain a record of all ordinances and amended ordinances related to this Title.
1. The ordinances shall be reflected in online codification, which may be updated periodically.
2. Copies of ordinances which have been adopted but not yet reflected in online codification shall be listed on the city’s website and available at City Hall for public viewing.
(c) The Zoning Administrator shall record any changes to the Official Zoning Map, which may be updated online periodically.
1. A list of properties approved for rezoning but not yet reflected in the online copy of the Official Zoning Map shall be maintained by the Zoning Administrator and available at City Hall for public viewing.
2. The city shall maintain a record of all amendments to the zoning map for specific properties within a file for that specific property. A record of applications which were not approved shall also be maintained for record keeping purposes.
(2) Effect of approval. The approved zoning amendment shall be in effect on the publication date of the ordinance in the local newspaper, unless otherwise noted within the ordinance language.
(Ord. 879, passed 10-28-2020)