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§ 1137.02 PROCEDURE FOR CHANGE.
   (a)   Applications. Applications for any change of district, boundaries or classifications of property as shown on the Zoning Map, and for regulation amendments, shall be submitted to the Planning Commission at its office, upon the forms, and all shall be accompanied by data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. The data shall include in any event, a plat or map drawn to a scale of not less than 100 feet to the inch, showing the land in question, its location, the length and location of each boundary thereof, the location and existing use of all buildings and the principal use of all properties within 300 feet of land. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. Applications for amendment or district changes initiated by the Commission or Council shall be accompanied by a resolution of record of either body pertaining to the proposed amendment.
   (b)   List of property owners. Any person or persons desiring a change in the zoning classification of property shall file with the application for the change a statement giving the names and addresses of the owners of all real property within 300 feet of the parcel or parcels as appear on the County Auditor’s current tax list or the Treasurer’s mailing list and other lists as may be required by the Commission.
   (c)   Preliminary public hearing. After receiving an application for a proposed amendment, supplement or change and before making a recommendation to Council, the Commission shall hold a preliminary public hearing on the proposed amendment, supplement or change, at least 15 days’ notice of the time and place of which shall be given by publication in a newspaper of general circulation in the city. If the proposed amendment, supplement or change intends to rezone or redistrict ten or less parcels of land, as listed in the tax duplicate, written notice of the hearing shall be mailed by the Commission, by regular mail, at least 15 days before the date of the public hearing to the owners of all real property within 300 feet of the parcel or parcels, to the addresses of the owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and such other lists as may be required by the Commission.
(Ord. 98-104, passed 9-14-1998; Ord. 2015-90, passed 10-12-2015)
§ 1137.03 PLANNING COMMISSION RECOMMENDATIONS.
   (a)   Upon receipt of the application by the Zoning Administrator, the Zoning Administrator shall determine whether the application contains all the if ems referred to in § 1137.02(a). Once the Zoning Administrator determines that the application is complete, the application shall be forwarded to the Planning Commission at its next regularly-scheduled meeting. The Planning Commission shall review the proposed amendment and consider reports from staff and other public agencies and public comments.
(Ord. 04-155, passed 1-10-2005)
   (b)   Following the procedure stated above, the Planning Commission may recommend that the application be granted as requested, or may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be denied. The Planning Commission shall identify and evaluate all factors relevant to the petition and use its best efforts to report its findings and recommendations to Council within 45 days of receiving an amendment application.
(Ord. 2004-15, passed 3-8-2004; Ord. 2004-155, passed 1-10-2005)
   (c)   The Planning Commission shall consider the application at its next regularly-scheduled meeting, and shall certify its recommendation to Council, as soon as practicable after that meeting, if:
      (1)   The Planning Commission requests additional information from the applicant, from city staff, or from any other interested parties or agencies in order to make its recommendation;
      (2)   The Planning Commission determines that there is an indication that notice of the preliminary public hearing required by § 1137.02(c) has not been given, requiring additional notice; or
      (3)   The applicant agrees.
(Ord. 04-155, passed 1-10-2005)
   (d)   In considering any petition for a Zoning map amendment, the Planning Commission’s evaluation shall include, but is not limited to, the following criteria:
      (1)   Whether the proposed amendment consistent with the goals, policies, and future land use map of the City of Mason comprehensive plan, including any subarea or corridor studies;
      (2)   Whether the uses permitted in the proposed zoning district are compatible with the site’s physical, geological, hydrological and other environmental features;
      (3)   Whether all of the potential uses allowed in the proposed zoning district are compatible with surrounding uses and neighborhood in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values;
      (4)   Whether the street system can safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district. A traffic impact study shall be provided if the proposed rezoning district permits uses that could generate 100 or more directional trips during the peak hour, or at least 1,000 more trips per day than the majority of the uses that could be developed under current zoning;
      (5)   Whether the city’s utilities and services are sufficient to accommodate the additional demand created by the uses permitted in the requested district without compromising the health, safety and welfare of city residents;
      (6)   Whether the applicant can receive a reasonable return on investment through developing the property with one or more of the uses permitted under the current zoning;
      (7)   Whether the shape and size of the property is reasonable so that the site can meet the dimensional regulations of the requested zoning district; and
      (8)   Other factors deemed appropriate by the Planning Commission.
(Ord. 2004-15, passed 3-8-2004)
§ 1137.04 COUNCIL, HEARING AND FINAL ACTION.
   (a)   Hearing. After receiving from the Planning Commission the certificate of the recommendations on the proposed amendment, supplement or change, and before adoption of the amendment, supplement or change, Council shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be given by publication in a newspaper of general circulation in the city. If the proposed amendment, supplement or change proposes to rezone or redistrict ten or less parcels of land, as listed in the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by certified mail, with return receipt, at least 15 days before the date of the public hearing to the owners of all real property within 300 feet of the parcel or parcels, to the addresses of the owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and other lists as may be required by Council.
   (b)   Final action. Following the hearing and after reviewing the recommendations of the Commission thereon, Council shall consider the recommendations and vote on the passage of the proposed amendment to the text of the Zoning Ordinance or the Zoning Map. Council may overrule the recommendations of the Commission by affirmative vote of not less than four of the membership of Council.
(Ord. 2004-155, passed 1-10-2005)
§ 1137.05 MAP CHANGE PENDING; STAY OF CERTIFICATES OR PERMITS.
   Whenever Council has taken under advisement, a change or amendment of the Zoning Map from a less restricted district to a more restricted district classification, as evidenced by resolution of record, no zoning certificate or building permit shall be issued within 75 days from the date of the resolution which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.
(Ord. 98-104, passed 9-14-1998)