(A) Criteria for granting zoning amendments.
(1) The City Council may adopt amendments to the zoning code and zoning map relative to land uses within a particular district or to the location of the 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) Zoning amendments shall be made by a simple majority of the Council, except that the adoption or amendment of any portion of the zoning code 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.
(B) Kinds of amendments.
(1) A change in the districts boundary;
(2) A change in a districts regulations;
(3) A change in any other provision of this chapter.
(C) Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:
(1) By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed;
(2) By recommendation of the Planning Commission;
(3) By action of the City Council.
(D) Required exhibits for rezoning or district regulation changes.
(1) Abstracters property certificate showing property owners names and addresses within 350 feet of the outer boundaries of the property in question. If applicant is not the property owner, an enforceable option shall be submitted.
(2) A boundary line survey.
(3) A general development plan showing the potential development of the property, indicating proposed streets, buildings, drainage and landscaping. The plans shall contain sufficient information for the community to determine whether the proposed development is in keeping with the intent and purpose of this chapter and the comprehensive plan. Information to include is a site plan drawn to scale parcel and building dimensions, location of all buildings and their size, including square footage, curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks, landscaping and screening plan, including species and size of trees and shrubs proposed, if required by Planning Commission, finished graded and drainage plan, type of business or activity and proposed number of employees, proposed floor plan and elevations of any building use indicated, sanitary sewer and water plan with estimated daily flow rates, and map showing all principal land use within 300 feet of the parcel for which application is being made, if required by Planning Commission.
(E) Procedure. The procedure for a property owner to initiate an amendment including rezoning or district regulation change is:
(1) The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her proposal, obtain procedures, and an application form.
(2) The applicant shall file the completed application form together with the required exhibits and fee with the Zoning Administrator. All applications for rezoning shall be received in the office of the Zoning Administrator no later than 30 days prior to a Planning Commission meeting.
(3) The Zoning Administrator shall review submitted materials within five working days for completeness and shall make a determination whether any additional materials need to be supplied by the applicant. If additional materials need to be supplied regarding the application, the Zoning Administrator shall notify the applicant in writing no less than ten days following the initial application submittal.
(4) For some applications, due to the scale of the changes requested, potential for conflict or for health or safety considerations, the Zoning Administrator may determine that an additional 60-day time period is needed in which to conduct staff review of the proposed changes. The applicant will be notified in writing of the time extension. The reasons for the extension will be specified in the letter.
(5) Once an applicant's form and exhibits are determined to be complete, the Zoning Administrator shall transmit the application and the required exhibits to the Planning Commission and shall notify by mail all property owners within 350 feet of the outer boundaries of the property in question.
(6) The Zoning Administrator shall set the date for the public hearing and shall have notices of the hearing published in the legal newspaper at least once, not less than ten days and not more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a citywide amendment to the zoning code initiated by the Planning Commission or City Council.
(7) The Planning Commission shall hold the public hearing and then shall recommend one of the three actions: approval, denial or conditional approval.
(8) The Planning Commission shall transmit its recommendation to the City Council for its official action within 15 days after holding the public hearing.
(9) The City Council shall act upon the application within 15 days after receiving the recommendation from the Planning Commission.
(10) No re-application of a property owner for an amendment to the text of the zoning code or zoning map shall be considered by the Planning Commission within a one-year period following a denial of the request, except that the Planning Commission may permit a new application, if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(11) The applicant or his or her representative shall appear at the public hearing in order to answer questions concerning the proposed amendment.
(F) Procedure. The procedure for the Planning Commission to initiate an amendment including rezoning or district regulation change is:
(1) The Planning Commission shall pass a motion recommending an amendment.
(2) The Planning Commission shall submit the proposed amendment to the City Council for review and comment.
(3) The Zoning Administrator shall set the date for the public hearing and shall have notices of the hearing published in the legal newspaper at least once, not less than ten days and not more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a citywide amendment to the zoning code initiated by the Planning Commission or City Council.
(4) The Planning Commission shall hold the public hearing and then shall recommend one of the three actions: approval, denial or conditional approval.
(5) The Planning Commission shall transmit its recommendation to the City Council for its official action within 15 days after holding the public hearing.
(6) The City Council shall act upon the application within 15 days after receiving the recommendation from the Planning Commission.
(G) Procedure. The procedure for City Council to initiate an amendment including rezoning or district regulation change is:
(1) The City Council shall pass a resolution of intent to amend the zoning code.
(2) The City Council shall submit the proposed amendment to the Planning Commission for review and comment.
(3) The Zoning Administrator shall set the date for the public hearing and shall have notices of the hearing published in the legal newspaper at least once, not less than ten days and not more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a citywide amendment to the zoning code initiated by the Planning Commission or City Council.
(4) The Planning Commission shall hold the public hearing and then shall recommend one of the three actions: approval, denial or conditional approval.
(5) The Planning Commission shall transmit its recommendation to the City Council for its official action within 15 days after holding the public hearing.
(6) The City Council shall act upon the application within 15 days after receiving the recommendation from the Planning Commission.
(H) Public Hearing and notices. No amendment shall be adopted until a public hearing has been held thereon by the Planning Commission. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of the affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and list of the owners and addresses to which the notice was sent to shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made.
(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006)