A. Requests For Amendment: Requests for zoning amendments (text or map) shall be filed with the City on an official application form. Such application shall be accompanied by a fee as provided by Council resolution, pursuant to section 10-1-11 of this chapter. The City, after receipt and review of the application, shall have the authority to request additional information from the applicant which it deems is necessary for a proper review by the Planning Commission. The request for amendment shall be placed on the agenda of a regular or special meeting of the Planning Commission to occur no later than sixty (60) days from the date of submission of the application.
B. Proof Of Ownership Or Authorization: The applicant shall supply proof of title of the property for which the rezoning is requested, which proof of title must be satisfactory to the City and authorization if other than owner. (Ord. 2004-40, 1-3-2005)
C. Public Hearing: Upon receipt of said application, the City shall set a public hearing. The Planning Commission shall conduct the hearing and report its findings and recommendations to the Council. Notice of said hearing shall consist of a legal property description and summary description of the request, and shall be published in the official newspaper at least ten (10) days prior to the hearing. A written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty feet (350') of the property in question, unless the rezoning shall affect an area of fifty (50) acres or more when, in such case, no mailed notice shall be required. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. (Ord. 2018-09, 5-29-2018)
D. Failure To Receive Notice: Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this title provided a bona fide attempt has been made to comply with the notice requirements of this section.
E. Consideration Of Amendment: The Planning Commission and Council shall consider possible adverse effects of the proposed amendment. The determination of the Planning Commission shall be based upon, but not limited to, the following factors:
1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City comprehensive plan.
2. The proposed use is or will be compatible with present and future land uses of the area and with special plans, growth area plans and/or redevelopment plans that may have been adopted or appended to the comprehensive plan.
3. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.).
4. The proposed use will not have an adverse effect upon the area in which it is proposed.
5. The proposed use will not depreciate the property value of the area in which it is proposed.
6. Traffic generation by the proposed use within capabilities of streets serving the property.
7. The proposed use can be accommodated with existing or future public services and facilities including parks, streets, and utilities, and will not overburden the city's service capacity.
F. Additional Information: The planning commission shall have the authority to request additional information from the applicant. Failure by the applicant to supply all necessary supportive information may be grounds for denial of the request.
G. Questions: The applicant or a representative thereof may appear before the planning commission in order to answer questions concerning the proposed request.
H. Approval Or Denial: The planning commission shall recommend approval or denial of the request.
I. Planning Commission Report: The council shall not act upon an amendment until they have received a report and recommendation from the planning commission or until forty five (45) days after the date of the regular/special planning commission meeting at which the request was first considered after the formal application was filed.
J. Placement On Agenda: Upon completion of the report and recommendation of the planning commission, the request shall be placed on the agenda of the next regular/special council meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the council meeting.
K. Optional Hearing: Upon receiving the report and recommendation of the planning commission, the council shall have the option to set and hold a public hearing if deemed necessary.
L. Conflicts; Further Consideration: If, upon receiving said report and recommendation of the planning commission, the council finds that specific inconsistencies exist in the review process and thus the final recommendation of the council will differ from that of the planning commission, the council may before taking final action, refer the matter back to the planning commission for further consideration. The council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be allowed only one time on a singular action.
M. Vote Of Council: Approval of a proposed amendment shall require passage by an ordinance with a two-thirds (2/3) vote of the entire council for any zoning map amendment from a residential zoning district to either a commercial or industrial zoning district. Zoning ordinance text amendments and zoning map amendments for all other zoning district changes will require a majority vote of all members of the city council.
N. Effective Date: The amendment shall not become effective until such time as the council approves an ordinance reflecting said amendment and after said ordinance is published in the official newspaper.
O. Denied Applications: Whenever an application for an amendment has been considered and denied by the council, a similar application and proposal for an amendment affecting the same property shall not be considered again by the planning commission or council for at least one year from the date of its denial except as follows:
1. Applications are withdrawn prior to the council taking final action on the request.
2. If the council determines that the circumstances surrounding a previous application have changed significantly.
3. If the council decides to reconsider such matter by a vote of not less than a two-thirds (2/3) vote of the entire council. (Ord. 2004-40, 1-3-2005)