This section shall apply to amendments to the text of this Code, amendments to the Zoning Map and the zoning classification of property.
(a) Initiation.
(1) For a change in zoning classification of a specific property, any person who has authority to file an application for such property may initiate an amendment by filing an application with the Administrator.
(2) City Council may, by ordinance, after receipt of recommendation from the Planning Commission amend the zoning text, map or classification of properties.
(3) The Planning Commission may initiate a zoning text or map amendment by recommending such actions to City Council.
(b) Application for Rezoning. In addition to the general application requirements set forth in Section 1111.03, applications for any change of district boundaries or classification of property as shown on the Zoning Map shall be accompanied by the names and addresses of the owners of all properties within 400 feet of any part of the subject property.
(c) Action of the Commission.
(1) The Administrator, upon making a determination that the application is complete, shall forward the application to the Planning Commission for review at the next available meeting in accordance with the deadlines for submittal established in the annual Planning Commission meeting schedule.
(2) The Commission shall make a recommendation to City Council within a reasonable time of receiving a completed application. In making its recommendation, the Planning Commission may approve, approve with modifications, or deny the application.
(3) The recommendation of the Planning Commission shall then be certified to Council. The applicant may withdraw an application prior to it being certified to Council, provided the Administrator is notified in writing not less than 30 days after the decisions of the Commission.
(d) Action of the Council.
(1) The recommendation of the Commission along with the application shall be forwarded to City Council for their review.
(2) The Council shall consider the Commission’s recommendation and vote on the amendment after holding a public hearing as required in Section 1111.02.
(3)
Any Ordinance which modifies the recommendation of the Commission shall require approval by not less than three-fourths of the membership of Council to modify the Amended Ordinance that was recommended by the Commission. The Modified Ordinance shall require three- fourths of the membership of the Council for approval. In the event the Modified Ordinance is not passed by three-fourths vote of the membership of Council, then the Modified Ordinance shall fail. In the event the Modified Ordinance does not pass, then Council shall then vote on the Zoning Amendment that was approved by the Commission. Any Ordinance which is in accordance with the recommendation of the Commission shall require concurrence of at least a simple majority of the members of Council. Any Ordinance which is in accordance with the recommendation of the Commission that does not receive a simple majority of the members of Council shall fail. Any Ordinance which overrides a negative recommendation from the Planning Commission shall require three-fourths of the membership of the Council for approval. In the event the Ordinance which overrides a negative recommendation from the Planning Commission is not passed by three-fourths vote of the membership of Council, then such an Ordinance shall fail.
(4) An application that includes a development plan shall require a development agreement with the City where the applicant agrees to develop and use the property only in accordance with the development plan as approved by Council. The terms of the development agreement shall be established prior to the public hearing. If the property is then rezoned, it shall be developed only in accordance with the development agreement. No building permit or certificate of compliance shall be issued in connection with the use of the property rezoned if there is any default in the performance of the provision of such development agreement. Any change or variance to a development agreement requires the authorization of City Council.
(e) The following review criteria shall guide recommendations and decisions on rezoning applications. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.
(1) The proposed rezoning is consistent with the Comprehensive Plan, other adopted city plans, and the stated purposes of this code.
(2) The proposed rezoning is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.
(3) The proposed rezoning will promote the public health, safety, and general welfare.
(4) The proposed rezoning is consistent with the stated purpose of the proposed zoning district.
(5) The proposed rezoning will result efficient, logical and orderly development.
(6) The proposed rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated.
(7) The proposed rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject parcel.
(f) Fees and Deposits. At the time that an application for a change of zoning district is filed with the Administrator, there shall be paid such fee as shall be specified in Section 1105.05.
(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)