(a) The provisions of this Zoning Code or Zoning Map may be amended, supplemented, changed or repealed to meet changing conditions or to better meet good zoning practices. Amendments may be initiated in one of three (3) ways:
(1) By adoption of a motion by the Planning and Zoning Commission.
(2) By adoption of a resolution by Council.
(3) By filing of an application by one or more owners or lessees of property within the area proposed to be changed or affected by amendments of provisions of this Zoning Code.
(b) Written application including all supporting materials for amendment of this Zoning Code initiated by property owner(s) or lessee(s), shall be submitted to the Planning and Zoning Commission. This process is separate from the requirements of Planned Districts (Chapter 1159). The application for amendment shall contain at least the following information:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) The proposed amendment to the Zoning Code, the proposed use and the proposed zoning district of the property(s).
(4) The present use and present zoning district of the property(s).
(5) A list of all property owners within, contiguous to, and directly across the street from the property(s) in question. The list of addresses may correspond to the County Auditor's current tax list.
(6) A statement of the relationship of proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to rezone.
(7) A fee as stipulated by ordinance shall be paid by the applicant to cover the costs of advertising, review, publishing and reporting of the application, payable to the General Fund.
(8) A plot plan to show:
A. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures.
B. The proposed use of all parts of the lot and structures.
C. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use.
D. Such additional information as may be required by this Zoning Code and/or requested by the Planning and Zoning Commission and/or the Zoning Inspector to review the application.
(9) Any deed restrictions, easements, covenants and encumbrances to be used to control the use, development and maintenance of land, and proposed uses, shall be fully denoted by text and map.
(10) At the discretion of the Zoning Inspector, an engineer's estimate of utility needs of the proposed use of the area being considered for rezoning, to include sewer, water, and refuse demand may be required. In addition, an engineer's estimate of potential traffic generation for the proposed uses and measures proposed by the applicant to mitigate the impacts resulting from said generation may be required by the Planning and Zoning Commission.
(11) For all developments over twenty-five (25) acres, and/or for commercial and industrial developments over 10,000 square feet and/or for any development that requires direct access to a major thoroughfare and/or for any development that is not contiguous with existing water and sewer, a fiscal/economic impact study will be required to determine if the development will require immediate or short-term expenditures on the part of the municipality in terms of infrastructure and/or support services.
(c) Criteria for Review. All rezoning activities must be consistent with the adopted comprehensive plan. The Planning and Zoning Commission shall, at the minimum, consider the following factors in the review of the application:
(l) Compatibility of the proposed amendment to adjacent land use, adjacent zoning and to appropriate plans for the area, including but not limited to the comprehensive plan.
(2) Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage, as outlined in the transportation thoroughfare plan, comprehensive plan and/or other adopted plans for the area.
(3) Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity and general welfare, including impact on infrastructure and municipal services.
(4) Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.
(d) Review Procedure.
(l) Filing and Acceptance of Application. Fifteen (15) copies of a completed application shall be filed with the Zoning Inspector at least thirty-five (35) days prior to a regularly scheduled meeting of the Planning and Zoning Commission. Prior to accepting such application, the Zoning Inspector shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Zoning Inspector, shall result in a refusal of acceptance.
(2) Public Hearing. The application will be held at the next regularly scheduled public hearing provided the applicant meets the requirements of subsection (d)(1) hereof. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(3) Public Notice for Hearing. At least one (1) notice shall be given at least ten (10) days prior to a scheduled public hearing in one (1) or more newspapers of general circulation in the Municipality. Such notice shall include time and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to Council for further determination.
(4) Notice to Property Owners. Written notice of the hearing shall be mailed by the Municipality, at least ten (10) days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted, as listed in subsection (b)(5) hereof. The notice shall correspond to subsection (c) hereof in content.
(5) Action by Planning and Zoning Commission. Within thirty-five (35) days of the public hearing, the Planning and Zoning Commission shall review the application and forward one of the following recommendations to Council:
A. Recommend amendment be granted as requested.
B. Recommend a modification of amendment.
C. Recommend amendment not be granted.
(6) Public Hearing of the Council. Upon receipt of such recommendation, Council shall schedule a public hearing within sixty (60) days of said receipt. Nothing in this section shall prevent the Council from continuing a public hearing.
(7) Public Notice for Hearing. At least one (1) notice shall be given at least thirty (30) days prior to a scheduled public hearing in one (1) or more newspapers of general circulation in the Municipality. Such notice shall include time and place of the public hearing, nature of the proposed amendment, and a summary of the Planning and Zoning Commission's recommendation.
(8) Notice to Property Owners. Written notice of the hearing shall be mailed by the Municipality, at least twenty (20) days prior to the date of the public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted as listed. Notice shall correspond to subsection (g) hereof in content. The failure of delivery of such notice shall not invalidate any such ordinance, measure or regulation.
(9) Action by Council. Within sixty (60) days after public hearing, Council shall adopt or deny the recommendation of Planning and Zoning Commission or adopt a modification thereof. To adopt the Planning and Zoning Commission's recommendation, a majority vote of the membership of Council is required. To reverse or modify the Planning and Zoning Commission's recommendation, a vote of three-fourths (3/4) of the full membership of Council is required. An application for amending this Zoning Code that has been disapproved by Council shall be resubmitted to the Municipality no sooner than one (1) year of the date of such disapproval by Council. (Ord. 38-04. Passed 10-11-04.)