(A) The clerk, or other Person appointed by the City Council, may inspect any property that is the subject of any application under this chapter, with either the permission of the Owner, resident or other Person in control of the property, or after first obtaining an administrative search warrant as provided for under § 10.20.
(B) An amendment to this zoning code may be initiated by the City Council or by petition of affected property Owners. The requirements for public notice and hearing contained in § 151.51 shall be followed. The zoning code may be amended by a majority vote of all of the members of the City Council. The adoption of an amendment which changes all or part of the existing classification of a Zoning District from residential to either Commercial or industrial requires a two-thirds majority vote of all members of the City Council.
(C) Hearing. The Zoning Administrator shall refer the application to the Planning Commission for consideration at its next regular meeting; provided however, if the next regular meeting of the Planning Commission is within seven days of the date of filing, then such consideration may be at the second regular meeting after said filing. At that meeting, the Planning Commission shall set a date for a public hearing in the manner provided in § 157.024 on said application. The public hearing shall be no more than 60 days after the date of filing of the application with the Zoning Administrator.
(1) The applicant or their representative may appear at the public hearing in order to answer questions concerning the proposed Use.
(D) Planning Commission report.
(1) The Planning Commission shall make its report on the application to the Council, in writing, within 60 days after the public hearing, unless the applicant consents to extended consideration by the Planning Commission. The report shall recommend that the amendment be granted or denied and shall include the Planning Commission’s recommendation as to any conditions to be imposed if the amendment is granted, including time limits or provisions for periodic review and shall state the reasons therefor.
(2) The Planning Commission’s report shall be filed with the Zoning Administrator who shall refer the same to the Council for consideration at its next regular meeting; provided however, if the next regular meeting of the Council is within seven days of the date of filing, then such consideration may be at the second regular meeting after said filing. At the same time, the Zoning Administrator shall mail to the applicant a copy of the Planning Commission’s report and a notice of the time and place of the meeting at which the report will be considered by the Council.
(3) If the Planning Commission fails to file a report with the Zoning Administrator within the time provided by this section, the application shall be referred to the Council as herein provided, without report, after the time for filing the report has expired.
(E) Council action on application.
(1) The Council shall make its decision on the application within 60 days of the filing of the Planning Commission’s report with the Zoning Administrator or after the last day for filing same, if no report is filed. The Council shall make written findings and shall state therein the reasons for its decision. Any such order shall be filed with the Zoning Administrator who shall immediately mail a copy thereof, bearing the notation of the filing date, to the applicant.
(2) In the event such order directs amendment of this chapter, the Zoning Administrator shall refer the order to the City Attorney to prepare an amendment of the zoning ordinance as provided by law.
(F) Re-application. No re-application for zoning amendment shall be resubmitted for a period of six months from the date of the denial of a previous application.
(G) Specific tracts. Any application for amendment to this chapter which relates to a specific tract of land shall be considered an application for a Planned Unit Development permit under the provisions of § 157.024 and the provisions of that section relating to applications for permit and review thereof shall be controlling over the provisions of this section, except where the application for amendment involves only a change in the boundaries of existing Zoning Districts or reclassification of land from one existing zoning classification to another existing classification.
(H) Zoning and the Comprehensive Plan. Any amendment to this chapter shall amend the Comprehensive Plan in accordance therewith. The Planning Commission shall inform the Council of any zoning proposal which does not conform to the Comprehensive Plan and inform the Council as to why the plan should or should not be amended.
(I) Zoning change not conforming to Comprehensive Plan. Prior to approval of any zoning change not conforming to the Comprehensive Plan, a public hearing shall be conducted by the Planning Commission and the results noted in the minutes of the official proceedings. The public hearing required for the zoning change or amendment may also serve as the public hearing for an amendment to the Comprehensive Plan.
(J) In granting or recommending any rezoning provided for in this chapter, the Zoning Administrator, the Planning Commission or Council shall find that the proposed development conforms substantially to the policies, goals and standards of the Comprehensive Plan.