(A) Authority. The text of this chapter and the Official Zoning Map may be amended from time to time by the passage of an ordinance duly adopted by the City Council in accordance with procedures set forth herein.
(B) Purpose. The purpose of this section is to provide standards and procedures for making amendments to the text of this chapter and the Official Zoning Map that are of general significance or application. The amendment process is not intended to relieve particular hardships nor to confer special privileges or rights to any person but only to make adjustments necessary in light of changed conditions or changes in public policy.
(C) Parties entitled to initiate amendments. Amendments to the text of this chapter and the Official Zoning Map may be initiated by written petition of any affected property owner, the City Council or the Planning Commission, provided the petition meets the requirements set forth in this section.
(D) Requirements for amendment petitions. Petitions for amendments to this chapter shall be in such form and accompanied by such information as shall be prescribed, from time to time, by the Planning Commission and shall contain at the least the following:
(1) The petitioner's name, address and interest in the petition and the name, address and interest in every person, firm, corporation or government agency represented by the petitioner in the petition;
(2) The precise wording of the proposed amendment, together with a concise explanation of its presumed effect;
(3) A statement containing all the circumstances, factors and arguments that the petitioner offers in support of the proposed amendment;
(4) In the event that the proposed amendment would result in the rezoning of any property, the following shall be supplied:
(a) A statement specifying the names of the owners of the land proposed to be rezoned;
(b) A statement identifying the majority of owners of the land proposed to be rezoned and being parties to the petition;
(c) The street address and legal description of the land proposed to be rezoned;
(d) The present zoning classification and use of the land proposed to be rezoned;
(e) A statement of purpose explaining the reasons for the rezoning.
(E) Fee. An applicant for an amendment shall pay a nonrefundable filing fee in connection with the submittal of the application in accordance with a fee schedule as established, from time to time, by the City Council.
(F) Standards for amendments. In making their determination, the City Council shall consider the following:
(1) Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive Plan, as adopted and amended from time to time by the City Council;
(2) Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the affected property;
(3) Whether the proposed amendment will have an adverse effect on the value of adjacent properties;
(4) The adequacy of public facilities and services.
(G) Procedure for review and decision of proposed amendments. A petition to amend the text of this chapter and the Official Zoning Map shall be processed in accordance with the following procedures:
(1) Public hearing. Upon receipt of a properly completed application for amendment, the Planning Commission shall set a date for a public hearing.
(2) Notice. Notice of the public hearing shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published a minimum of ten (10) days prior to the hearing date and a maximum of thirty (30) days to the hearing. Notice shall also be given by first class mail to all owners of property within three hundred fifty (350) feet of the area proposed to be rezoned or as otherwise provided by state law. County assessment records and street addresses shall be deemed sufficient for the location or certification of ownership for notification purposes.
(3) Action of the Planning Commission. Upon receipt of the petition, including a copy of the proposed text or map changes, the Planning Commission shall hold a public hearing. The Planning Commission shall recommend the approval or denial of the proposed amendment, or the approval of the amendment with modifications, and shall then submit its written recommendation to the City Council. The failure of the Planning Commission to act within a timeframe that allows the City Council to act within the mandated sixty (60) days shall be deemed a recommendation for approval of the amendment.
(4) Action of the City Council. After receipt of the Planning Commission’s recommendation or its failure to act within thirty (30) days, the City Council shall either adopt or reject the recommendation or adopt some modification of the recommendation.
(Ord. 395, passed 7-6-2010)