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Land use regulations, as contained in this chapter, including zoning district boundaries, may from time to time be amended, supplemented, changed, modified or repealed in the following manner.
(A) Applications for a change in the chapter text or zoning map may be instituted by the Planning Board, City Council or any person.
(B) The application for a change in a zoning district shall be made on a form provided by the city.
(1) Each non-contiguous parcel of land for which a rezoning is requested shall be considered as a separate application, and a fee (in accordance with a fee schedule established by the City Council) shall accompany each application. There shall be no fee for applications instituted by the Administrator or any city official acting on behalf of the city.
(2) Each application shall be signed and contain the following information:
(a) Applicant’s full name, address and telephone number; the property owner’s full name, address and telephone number, if different from applicant;
(b) Applicant’s interest in the property; and
(c) If the proposed change would require a change in the zoning map, the current zoning of the property and the type of zoning requested. In addition, the application shall be accompanied by an accurate and scaled diagram showing:
1. All property lines with dimensions, distances of lot from the nearest street intersection and north arrow;
2. Adjoining street rights-of-way and paving widths;
3. Zoning classification of all contiguous lots;
4. The names and addresses of all contiguous property owners as shown on the most current records of the County Tax Supervisor’s office; and
5. Except for rezonings involving a conditional use permit, neither the Planning Board nor the City Council shall evaluate a rezoning petition based on any specific proposal for the use or development of the property. The petitioner shall refrain from using any graphic materials or descriptions before either body except for those that would apply to any use permitted in the requested zoning district.
(C) The application for a change in the text shall be on a form provided by the city and shall be accompanied by a fee (in accordance with a fee schedule established by the City Council). The application shall contain a reference to the specific section, subsection, paragraph or item proposed for change, as well as the wording of the proposed change.
(D) (1) No application shall be considered by the Planning Board unless it has been properly completed and submitted to the Administrator or his or her designee at least 15 days prior to the meeting at which it is to be reviewed. This requirement may be waived by a unanimous vote of the Planning Board membership present at a meeting of the Planning Board occurring less than 15 days prior to the date of submission.
(2) In no case shall the meeting at which the Planning Board initially reviewed the application occur greater than 60 days after the completed application was submitted to the Administrator. The Planning Board shall have 30 days from the date of referral to comment and submit its recommendation to the City Council. If a recommendation is not made during the 30-day period, the application shall be forwarded to the City Council without a recommendation. During the process of reviewing an amendment, the Planning Board must advise the governing board in writing whether the amendment is consistent with the adopted city’s land use plan. This can be done as part of the recommendation to the City Council in the staff report or by other means.
(E) If a petition for rezoning is proposed, the Planning Board shall consider the matter. If a recommendation is made to the City Council, it shall be as follows:
(1) Grant the rezoning as requested;
(2) Grant the rezoning with a reduction of the area requested;
(3) Grant the rezoning to more restricted general zoning district or classification(s) (but less restrictive than the existing zoning classification) as shown in division (G) below of this chapter;
(4) Grant the rezoning with a combination of divisions (E)(1), (E)(2) and (E)(3) above; or
(5) Denial of the application request.
(F) If a petition to amend the text of this chapter is proposed, the Planning Board shall consider the matter. If a recommendation is made to the City Council, it shall be as follows:
(1) Adoption of the amendment(s) as written;
(2) Adoption of the amendment as revised by the Planning Board; or
(3) Rejection of the amendment.
(G) The list of all general zoning districts in descending degrees of restrictiveness as follows:
Zoning Districts - Most Restrictive to Least Restrictive
Zoning Districts - Most Restrictive to Least Restrictive
R-25 (most restrictive)
(H) The Administrator shall transmit any decision of the Planning Board to the City Council. Once action has been taken by the Planning Board or the time for action by the Planning Board has expired, the City Council may call a public hearing on the proposed action. Notification of the public hearing shall be made in the following manner.
(1) A notice shall be published in a newspaper having general circulation in the city area once a week for two successive weeks, the first notice to be published not less than ten days nor more than 25 days prior to the date established for the public hearing. In computing the time, the date of publication is not be included, but the date of the hearing shall be included.
(2) A notice shall be conspicuously placed by the city in the City Hall not less than ten days nor more than 25 days before the date established for the public hearing.
(3) A conspicuous notice shall be posted by the city in at least one conspicuous place on the subject property or on the street right-of-way near the site at least ten days prior to the public hearing. For map amendments that contain multiple parcels, sufficient notice must be posted around the site.
(4) At least ten days, but not more than 25 days prior to the public hearing, a notice of the proposed zoning change shall be sent by the city by first class mail to the owners of property subject to the proposed rezoning action and to all contiguous property owners.
(5) The first class mail notice cited in division (H)(4) above may not be required if the proposed zoning action involves a zoning map amendment that directly affects more than 50 properties, owned by a total of at least 50 different property owners. In lieu of sending first class mail notice to all the affected and contiguous property owners, the city may elect to publish in a newspaper of local circulation a notice of the public hearing that includes one or maps showing the boundaries of the area affected by the proposed map amendment. The newspaper notice shall be not less than one-half of a newspaper page in size and shall be published once a week for at least two consecutive weeks. The notice shall satisfy the two advertisements published to satisfy the requirements of division (H)(1) above. Notwithstanding, affected and contiguous property owners who reside outside the circulation area of the newspaper shall be sent first class mail notice of the public hearing per division (H)(4) above.
(I) If any resident or property owner in the city submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the clerk to the board at least two business days prior to the proposed vote on such change, the clerk to the board shall deliver such written statement to the city council. If the proposed change is the subject of a quasi-judicial proceeding, the clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the board shall not disqualify any member of the board from voting.
(J) (1) After the public hearing has been conducted and officially closed, the City Council shall render a decision concerning the proposal not later than the next regularly scheduled City Council meeting. The decision of the City Council shall be limited to one of the various alternatives listed in divisions (E) and (F) of this chapter. A copy of the City Council’s decision shall be sent to the applicant by the Administrator by first class mail within five working days after the City Council’s decision.
(2) Prior to adopting or rejecting any zoning amendment, City Council shall adopt one of the following statements which shall not be subject to judicial review;
(a) A statement approving the zoning amendment and describing its consistency with an adopted comprehensive plan and why the action taken is reasonable and in the public interest.
(b) A statement rejecting the zoning amendment and describing its inconsistency with an adopted comprehensive plan and explaining why the action taken is reasonable and in the public interest.
(c) A statement approving the zoning amendment and containing at least all of the following:
1. A declaration that the approval is also deemed an amendment to the comprehensive plan.
2. An explanation of the change in conditions the City Council took into account in amending the zoning ordinance to meet the development needs of the community.
3. Why the action was reasonable and in the public interest.
(K) (1) If the City Council has denied an application for the change of any zoning district or change in zoning text, it shall not, thereafter, accept any application for the same or substantively similar change of zoning districts affecting the same property or any portion thereof or for a similar change in the zoning text until the expiration of one year from the date of the previous denial.
(2) When a petition for a change in classification zoning is withdrawn prior to it being considered by the City Council, no new petition for any change in zoning classification of the same property or any part thereof may be filed by the petitioner within a period of 90 days immediately following the withdrawal of the petition.
(Prior UDO, § 20.1) (Ord. ZTA-2-2016, passed 6-2-2016; Ord. O-16-17, passed 11-2-2017) Penalty, see § 153.999
Supplementary requirements for rezoning petitions to a parallel conditional use zoning district are found in § 153.316.