§ 158.242  CONSIDERATION OF PROPERTY REZONING APPLICATIONS.
   (A)   Public hearing required. Consideration of all applications for property rezoning shall require a public hearing before the Commission and governing body, with publication notice, notice to surrounding property owners as required by §§ 158.255 through 158.257 of this chapter.
   (B)   Procedures. The procedures for Commission and governing body consideration of property rezoning applications shall conform to the procedures set forth for zoning text amendments. The governing body shall not take action on the Commission’s original recommendation or a failure to recommend unless seven days have elapsed after the date of the conclusion of the Commission’s public hearing held pursuant to publication notice to allow the filing of a protest petition as provided in this section. However, where the right to file a protest petition has been waived in a verified statement signed by all property owners holding the right, the governing body may consider the Commission’s recommendation at any time.
   (C)   Protest petitions.
      (1)   A protest against any property rezoning application shall be filed not later than the end of the business day (5:00 p.m.) on the seventh day following the date of the conclusion of the Commission’s public hearing held pursuant to the publication notice. To be considered a valid protest, a protest petition must be timely filed and duly signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the 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.
      (2)   If a protest is filed, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant’s attorney, if any, by certified mail at the address of the applicant and attorney shown in the application for the proposed amendment. Verification of the genuineness and correctness of the signatures on the protest petition, either individually or collectively, shall be made by a person who has signed the protest petition.
      (3)   Once a valid protest petition has been filed with the city, it may not be withdrawn unless every person who originally signed the protest signs a verified affidavit that states and fully explains the rights being waived by the withdrawal of the protest petition. The affidavits of withdrawal must be filed with the City Clerk on or before the last regular business day preceding the governing body meeting for which the protest applies. For purposes of withdrawal, signatures shall not be required of the city, where city-owned property lies within the protest area, or of entities controlling rights-of-way or utility easements.
   (D)   Adoption where protest filed. Where a valid protest petition has been filed, an ordinance approving the property rezoning shall not become effective, except by the favorable vote of two-thirds of all members of the governing body.
   (E)   Criteria for considering applications. In considering any application for rezoning, the Commission and the governing body may give consideration to the criteria stated below to the extent they are pertinent to the
particular application. The Commission and governing body also may consider other factors that may be relevant to a particular application.
      (1)   The existing uses and zoning of nearby property;
      (2)   The extent to which property values are diminished by the particular zoning restrictions;
      (3)   The extent to which the destruction of property values of plaintiff promote the health, safety, morals or welfare of the public;
      (4)   The relative gain to the public as compared to the hardship imposed upon the individual property owner;
      (5)   The suitability of the subject property for the zoned purposes;
      (6)   The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property;
      (7)   The care that the community has taken to plan its land use development; and
      (8)   The community need for the proposed use.
(Ord. 3382, passed 11-7-2005)