(A) The regulations imposed and the districts created under the authority of these regulations may be amended from time to time by ordinance after the ordinance establishing them has gone into effect, but no amendments shall be made without a hearing before the Planning and Zoning Board.
(B) Amendments are made by ordinance by the City Council. The City Council shall review the report submitted by the Planning and Zoning Board. In case of a written protest is filed with the clerk of the municipality against any proposed amendment of the regulations or districts, and signed and acknowledged as follows: by owners of 20% of the frontage proposed to be altered; by owners of 20% of the frontage immediately adjoining or across an alley therefrom; or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, the amendment shall not be passed except by a favorable vote of 2/3 of all aldermen then holding office.
(C) The Planning and Zoning Board and the City Council shall consider the proposed amendment on its merits, using the following criteria as a guide:
(1) Criteria for text or map amendment:
(a) The proposed amendment shall correct an error in the original zoning.
(b) The area under application has changed so that the zoning is no longer contributing to the community welfare.
(c) The proposed amendment shall be consistent with the intent of this chapter and with its various provisions.
(d) The proposed amendment shall not be detrimental to the development of the city.
(e) Every use permitted under the new classification be a suitable use for the further development of the area in the vicinity of the rezoning, and be compatible with the uses already developed in the vicinity.
(f) Adequate public facilities, water and sewer lines, other needed services or facilities exist or be capable of being provided prior to the development of the uses which would be permitted on the property if it were classified.
(2) Applications which would result in spot zoning will be denied. Spot zoning is defined as rezoning of a relatively small area into a district which is unrelated to the immediate area or the general plan for the community. The rezoning may be a special privilege or an inconsistent restriction of 1 property which is not made applicable to others. A zoning pattern once established and relied upon must be sufficiently stable to accomplish the purposes of the plan and to protect those who comply with the law. Spot zoning constitutes an entering wedge, contributing to the breakdown of this stability.
(Am. Ord. 2014-36, passed 9-8-2014)