Section
150.2201 Authority for zoning amendments
150.2202 Initiation of zoning amendments
150.2203 Zoning amendments initiated by property owners(s)
150.2204 Zoning amendments initiated by Planning Commission or Council
150.2205 Review and public notice by Planning Commission
150.2206 Recommendation by the Planning Commission
150.2207 Public hearing and notice by Council
150.2208 Action by Council
Whenever the public necessity, general welfare or good zoning practices require, City Council may amend, revise, rearrange, renumber or recodify this Zoning Code or amend, supplement, change or repeal the boundaries or classification of property according to the procedures set forth in this Chapter and subject to the procedures provided by law.
(Ord. 5-2005, passed 3-23-05)
Amendments to the Zoning Code, either text or map, may be initiated in one of the following ways:
(A) By the filing of an application to the Planning Commission by at least one owner or lessee of property or developer with an option on such property within the area proposed to be changed or affected by said amendment.
(B) By the adoption of a motion by the Planning Commission recommending to City Council that the process be initiated to consider a zoning amendment, with concurrence by Council.
(C) By motion of City Council to initiate the rezoning process.
(D) Upon a written recommendation by the Zoning Administrator to the Planning Commission.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 6-2006, passed 4-5-06)
An amendment initiated by at least one owner or lessee of property or developer with an option on such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:
(A) Submission Requirements. Applications for proposed amendments shall contain at least the following information:
(1) The name, address and phone number of the applicant and the property owner if other than the applicant;
(2) A statement of the reason(s) for the proposed amendment;
(3) A statement on the ways in which the proposed amendment relates to the Comprehensive Plan;
(4) The payment of the application fee;
(5) Amendments to the Zoning Map adopted as part of this Zoning Code shall contain the following additional information:
(a) Legal description of the parcel(s) to be rezoned, drawn by a registered surveyor;
(b) Present use and zoning district;
(c) Proposed use and zoning district;
(d) A vicinity map at a scale approved by the Zoning Administrator showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Administrator may require;
(e) A list of all property owners lying within 300 feet of any part of the property on which the zoning amendment is requested, including their addresses and permanent parcel number as shown upon the County Auditor's current tax list;
(f) Existing topography at two-foot contour intervals of the property to be rezoned and extending at least 300 feet outside the proposed site, and including property lines, easements, street rights-of-ways, existing structures, trees and landscaping features existing thereon;
(B) Referral to Planning Commission. After the filing of a completed application by an owner, lessee of property or developer with an option on such property, the Zoning Administrator shall transmit the application to the Planning Commission to begin the review process set forth in §§ 150.2205 through 150.2208.
(Ord. 5-2005, passed 3-23-05)
(Ord. 5-2005, passed 3-23-05)
(A) Upon the receipt of an application, resolution, or upon the passage of a motion of the Planning Commission and concurrence by Council, Planning Commission shall set a meeting date for reviewing the proposed amendment.
(B) Whenever the Planning Commission is to consider a map amendment that proposes to rezone 10 or fewer parcels as listed on the tax duplicate, notice shall be given according to the following:
(1) Written notification shall be given by first class mail to the applicant and to all owners of property within 300 feet of the property proposed to be rezoned or redistricted.
(2) Notices shall be given at least seven days prior to the date of the meeting.
(3) Notices shall include the time and place of the meeting and a summary of the proposed amendment.
(4) Failure of delivery of such notice shall not invalidate any recommendation of the Planning Commission or any subsequently enacted ordinance.
(C) The Planning Commission may continue or defer its consideration and no further notice shall be required.
(Ord. 5-2005, passed 3-23-05)
(A) After the conclusion of the public hearing required in § 150.2205, the Planning Commission shall recommend one of the following to City Council:
(1) That the amendment be granted as requested,
(2) That the amendment be granted as modified by the Planning Commission, or
(3) That the amendment be denied.
(B) If the Planning Commission does not make a recommendation on the proposed amendment within 90 days from the submittal of a complete application or referral by City Council or an extended period as may be agreed upon by the applicant, it may be deemed that the recommendation of the Planning Commission is that the amendment be denied and Council shall act thereon according to § 150.2207. Upon either a motion by Council or at the request of the applicant, such motion by Council or request by the applicant must be filed with the secretary of the Planning Commission before any recommendation is made by the Planning Commission.
(C) The Secretary of the Planning Commission shall file with the Clerk of Council a written report of the Planning Commission's recommendation and findings.
(Ord. 5-2005, passed 3-23-05)
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