165.09 ZONING TEXT AND MAP AMENDMENTS † 10 .

   1.   Purpose. The regulations imposed and the districts created by this Ordinance may be amended from time to time in accordance with this section. This process for amending the Zoning Ordinance text or the Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in City policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party. Zoning map amendments are also called rezonings.

   2.   Initiation. The City or a property owner in the City, or person expressly authorized in writing by the property owner, may propose a zoning text or map amendment.

   3.   Authority. The City Council, after receiving a recommendation from the Plan Commission, will take formal action on requests for zoning text or map amendments.

   4.   Procedure. All applications must be filed with the Code Official. The Code Official will schedule the consideration of the completed by the Planning Commission. Amendments initiated by the City Council also require an application, but are exempt from fees.

      A.   Good Neighbor Meeting. Good neighbor meetings are intended to allow an applicant to share the details of the application, answer questions, and receive feedback prior to formal consideration by the Planning Commission.

         (1)   Requirement. Good Neighbor meetings are required to be held for all rezoning applications filed by private property owners. In the event that a proposed subdivision is dependent upon the property first being rezoned, the requirements of the good neighbor meeting in accordance with Chapter 180 shall be fulfilled as long as the notice and presentation include both requests.

         (2)   Meeting Notice and Conduct.

            (a)   The City shall mail notification of the meeting to all property owners within the 200 feet of the subject property. The City may expand the notification of the neighborhood meeting if it deems warranted. The City is not required to be notified by mail of the Good Neighbor Meeting.

            (b)   The City shall post notice of the meeting on the City’s website.

            (c)   The meeting will be moderated by City staff.

         (3)   Meeting Notice Content.

            (a)   The notifications will include the time, date and location of the meeting, and a brief description of the proposed rezoning. Other information or material such as a map of the area may be included to clarify the notice.

         (4)   Timing.

            (a)   The Good Neighbor meeting shall be held a minimum of 14 days prior to the Planning Commission’s consideration of the application.

            (b)   Notifications shall be sent, delivered and/or posted no later than ten (10) days prior to the Good Neighbor meeting.

      B.   Action by the Planning Commission.

         (1)   The Planning Commission must recommend approval, approval with conditions, or denial of the application.

         (2)   The Planning Commission must evaluate the application in accordance with the approval standards of this section and evidence and/or testimony provided at the public hearing.

         (3)   The Planning Commission shall, with due diligence, prepare a preliminary report and hold public hearings thereon before submitting its final report; and such council shall not hold its public hearings or take action until it has received the final report of such commission.

      C.   Action by the City Council.

         (1)   The City Council must hold a public hearing on the application within 60 days of receipt of the Planning Commission recommendation.

         (2)   Following the public hearing, the City Council must take action in the form of approval, approval with conditions, or denial of applications. The City Council may also refer the application back to the Planning Commission for further consideration if it has deemed there are substantive changes and/or new relevant evidence and/or testimony has been provided.

         (3)   If the Planning Commission recommends denial of the application or if a protest against the rezoning is signed by 20% or more of the area of the lots included in such proposed change or by owners within 200 feet of the exterior boundaries of such proposed map amendment, it may only be approved by a favorable 3/4 vote of the City Council.

      D.   Approval Standards. The Planning Commission recommendation and the City Council decision on any zoning text or map amendment is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the Plan Commission and the City Council must consider the following standards. The approval of amendments is based on a balancing of these standards.

         (1)   Map Amendments.

            (a)   The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies.

            (b)   The compatibility with the zoning of nearby property

            (c)   The compatibility with established neighborhood character.

            (d)   The extent to which the proposed amendment promotes the public health, safety, and welfare of the City.

            (e)   The extent to which the proposed amendment creates nonconformities.

\(Ord. 2023-26 – Jan. 24 Supp.)

         (2)   Zoning Text Amendments.

            (a)   The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies.

            (b)   The extent to which the proposed amendment promotes the public health, safety, and welfare of the City.

            (c)   The consistency of the proposed amendment with the intent and general regulations of this Ordinance.

            (d)   Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy or change in development trends or technology.

            (e)   The extent to which the proposed amendment creates nonconformities.

EDITOR’S NOTE
Ordinance No. 07-02, adopting the Official Zoning Map on April 24, 2007, and the following ordinances which have been adopted amending the Official Zoning Map have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.
ORDINANCE NO.	ADOPTED	ORDINANCE NO.	ADOPTED
07-04	7-10-07	13-08	6-25-13
07-05	7-10-07	13-11	8-27-13
07-06	7-10-07	14-03	4-8-14
07-07	7-10-07	14-05	5-27-14
07-08	4-24-07	14-08	8-26-14
07-09	4-24-07	14-11	10-28-14
07-10	4-24-07	14-12	12-9-14
07-11	7-10-07	15-01	6-23-15
07-12	4-24-07	15-04	7-28-15
07-24	5-13-08	15-05	8-25-15
08-04	3-11-08	15-06	9-8-15
08-05	3-11-08	2016-08	7-12-16
08-06	3-11-08	2017-12	12-21-17
08-07	3-11-08	2017-13	1-23-18
08-12	4-8-08	2018-03	5-22-18
08-22	8-12-08	2018-07	7-24-18
08-23	8-12-08	2018-08	8-28-18
08-24	8-12-08	2018-09	8-28-18
08-25	8-12-08	2019-02	3-12-19
09-02	2-24-09	2019-14	8-13-19
09-03	4-14-09	2020-02	7-28-20
09-08	7-28-09	2021-01	3-23-21
09-10	9-22-09	2021-02	3-23-21
10-01	3-23-10	2021-07	5-25-21
10-03	5-11-10	2021-10	6-22-21
10-04	7-13-10	2021-11	6-22-21
10-10	10-12-10	2021-13	8-10-21
10-13	12-14-10	2021-18	1-11-22
11-01	2-8-11	2022-01	1-22-22
11-02	2-8-11	2022-04	2-22-22
11-06	7-12-11	2022-06	4-12-22
11-13	10-25-11	2022-08	4-12-22
11-14	10-25-11	2022-10	5-24-22
11-16	11-22-11	2022-11	6-28-22
11-17	12-13-11	2022-16	8-23-22
13-04	4-23-13	2022-17	8-23-22
13-05	4-23-13	2022-18	8-23-22

 

ORDINANCE NO.	ADOPTED	ORDINANCE NO.	ADOPTED
2022-21	9-27-22
2022-23	11-7-22
2022-24	11-7-22
2022-25	11-7-22
2022-26	11-22-22
2022-27	11-22-22
2022-28	11-22-22
2023-01	2-28-23
2023-06	4-25-23
2023-14	5-23-23
2023-15	5-23-23
2023-16	5-23-23
2023-17	5-23-23
2023-18	6-27-23
2023-19	6-27-23
2023-22	10-10-23
2023-23	10-10-23
2023-24	10-10-23
2023-26	10-10-23

(Chapter 165 - Ord. 2022-02 – May 22 Supp.)

 

Notes

†	†  EDITOR’S NOTE: See Editor’s Note at the end of this chapter for ordinances amending the zoning map.