A. Authority: The zoning district boundaries created under the authority of this title and shown on the official zoning map may be amended to change the zoning classification on one or more properties by the board of commissioners in accordance with the provisions of this section. Such amendment may be initiated by the board of commissioners on its own motion, upon the recommendation of the planning commission to the board of commissioners, or upon application by a property owner or authorized representative.
B. Application: Consideration of a request by a property owner, owners, or authorized representative for an amendment to the official zoning map is initiated by submittal of the appropriate completed application form and supporting documentation required for public hearings as listed in subsection 11-17-2B of this chapter. The filing fee for map amendment applications shall be established by the board of commissioners, no part of which shall be refundable. Requests initiated by the planning commission or board of commissioners are exempt from the filing fee requirement.
C. Review: Upon compliance with all application requirements, or upon direction from the board of commissioners, the proposed change in zoning classification shall be reviewed by the city staff and the planning commission for compliance with this title, other relevant provisions of the city code, and the master plan. Other matters which may also be determined include the effect of development under the proposed classification on traffic conditions, utilities, and other public services, and whether every use that would be permitted on the property if it were reclassified would be compatible with uses permitted on other property in the immediate vicinity. The findings and recommendations of city staff and the planning commission shall then be reported to the board of commissioners. Upon required notice being given, including that required by subsection D of this section, the board of commissioners shall hold a public hearing in accordance with the provisions of section 11-17-2 of this chapter to review the proposed zoning map amendment, receive comments from interested parties, and receive the recommendations of city staff and the planning commission.
D. Additional Notice: In addition to the notice requirements of subsection 11-17-2C of this chapter, a sign shall be posted on the subject property by city personnel twenty (20) days prior to the public hearing by the applicant. The sign and lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. The notice shall state that a public hearing will be held by the planning commission and board of commissioners to consider rezoning the property, and shall contain a statement giving the address and phone number of the community development department where additional information is available concerning the requested zoning classification, and the date, time, and place of the public hearing.
E. Exemption From Notice: The notice requirements for posting a sign on the property and for notification by mail to property owners shall not apply to comprehensive redistricting of the city due to adoption of a new zoning map and text by the board of commissioners. All other public hearing and notice requirements of this chapter, however, shall remain applicable.
F. Protest: If a written protest against a proposed map amendment is filed in the office of the city clerk three (3) or more days before the time of said public hearing, which protest is signed by the owners of twenty percent (20%) or more of the area of lots included in the proposed change, or by the owners of fifty percent (50%) or more of the area within a three hundred foot (300') radius of the exterior boundary of the subject property, exclusive of public streets and alleys, then such amendment shall not become effective except by the favorable vote of at least four-fifths (4/5) of all the members of the board of commissioners. For purposes of protest calculations, all public property within a three hundred foot (300') radius of the property seeking a map amendment shall be split, with one-half (1/2) of the public property deemed to be protesting said map amendment and one-half (1/2) of the public property deemed to be acquiescing in said map amendment.
G. Approval: The Board of Commissioners shall approve or deny the request for a zoning map amendment. Approval shall be documented by corresponding changes in zoning district boundaries and designated on the official zoning map, and by passage and publication of an ordinance pursuant to the applicable provisions of the City Charter and this Code.
H. Reapplication: A request for a zoning map amendment for which a public hearing has been held by the Board of Commissioners and disapproved, or an application for such amendment which is withdrawn after it has been advertised for public hearing, shall not be reconsidered for the same property, or portion thereof, within six (6) months following such denial or withdrawal. This provision shall not be interpreted to prohibit the Board of Commissioners from initiating a change in the zoning classification for all or a portion of the same property on its own motion or on recommendation of the Planning Commission within said one year period of time. (Ord. 5916, 8-9-1999)