Council may change or amend the text of the Zoning Code, or the Zoning Map.
(a) Initiation of Amendment Procedure.
(1) Amendment Brought by Council or the Planning and Zoning Commission. Proposed changes or amendments may be initiated by Council by resolution or by motion of the Planning and Zoning Commission.
(2) Amendment Brought by Owner or Lessee of Land. Proposed changes or amendments may be initiated by one or more owners or lessees of land within the area that is proposed to be changed by amendment of the Zoning District Map or by one or more owners or lessees of land to be affected by amendment of other provisions of the Zoning Code.
The application for any proposed change or amendment brought by an owner or lessee of land shall contain:
A. A description or statement of the present and proposed provisions of the Zoning Code or the proposed change of the district boundaries of the Zoning District Map;
B. A description, by map and text, of the property or properties to be affected by the proposed change or amendment;
C. A statement of the relation of the proposed change or amendment to the general health, safety, and welfare of the public in terms of need or appropriateness within the area by reason of changed or changing conditions and the relation to appropriate plans for the area; and
D. A statement of the relation of the proposed change or amendment to the comprehensive plan.
When making application for an amendment, the investigation and compliance fees, in such amount as may be established by Council from time to time, shall be paid to the City for each application.
(b) Scheduling a Public Hearing at Commission. Upon adoption of a motion by the Planning and Zoning Commission to recommend amendment of the Zoning Code to Council, or upon receipt of notice of a resolution adopted by Council recommending amendment of the Zoning Code, or upon transmittal of a completed application for amendment by the Building Officer, the Planning and Zoning Commission shall schedule a public hearing thereon. Said hearing shall be no more than thirty (30) calendar days from the date of such motion, notice of a resolution, or transmittal of such application.
(c) Notice to the Public via Newspaper for Commission Hearing. Notice of the public hearing shall be in one or more newspapers of general circulation in the City. Said notice shall be published at least fifteen (15) calendar days before the date of the public hearing. The published notice shall set forth the time and place of the public hearing and the general nature of the proposed amendments.
(d) Notice to Property Owners via Post for Commission Hearing. If the proposed amendment intends to rezone or redistrict ten (10) or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Building Officer, by First Class Mail, at least twenty (20) calendar days before the day of the public hearing, to all owners of property within 250 feet of the boundary lines of the area to be rezoned or redistricted to the addresses of such owners as appearing on the County Auditor's tax list. Failure of delivery of the notifications shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in the newspaper(s).
(e) Public Hearing at Commission.
(1) The secretary shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Fiscal Officer, and be a public record.
(2) During the public hearing, each present member of the public may speak at least once per issue to express support or dissent and rationale for such support or dissent.
(3) With permission of the chairperson, a member of the public may speak more than once per issue.
(4) The Commission may pose questions to the applicant, to the Building Officer, or to legal counsel during the public hearing.
(f) Decision Criteria by Commission. In evaluating whether a zoning text or map amendment is warranted, the Commission shall consider whether the change will:
(1) Better facilitate the implementation of the comprehensive plan's objectives;
(2) Improve the public health, safety, general welfare, and environmental quality; and
(3) Lead to a more efficient use of government services (e.g., water, sewer, police) or improve financial sustainability.
(g) Making a Commission Decision. The members of the Commission shall publicly vote to recommend or not recommend the amendment to Council.
(1) The decision to recommend or not recommend an amendment to Council must include reasons for such decision.
(2) For voting to occur, quorum must be reached in the Commission. If a member removes themselves from voting on an issue due to conflict of interest or any other reason, that member shall not contribute to the quorum.
(3) A vote may take place only when a quorum is reached. If a quorum is not reached, the chairperson shall bench the issue and revisit the issue during the next meeting.
(4) The chairperson shall call a vote, and the secretary shall keep minutes showing the vote of each member upon each issue or, if absent or failing to vote, indicating such fact.
(5) A decision to recommend or not recommend the amendment shall be established with the vote of a majority of present members. A tie vote shall be interpreted as not recommending the amendment.
(h) Delivery of Commission Decision to Council.
(1) Within forty-five (45) days of the public hearing on the issue, the Planning and Zoning Commission shall transmit its recommendation to the Council. The Planning and Zoning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied.
(i) Scheduling a Public Hearing at Council. Upon receipt of the recommendation from the Planning and Zoning Commission, Council shall schedule a public hearing therein. Said hearing shall be no more than sixty (60) calendar days from the receipt of the recommendation from the Planning and Zoning Commission.
(j) Notice to the Public via Newspaper for Council Hearing. Notice of the public hearing shall be given by at least one publication in one or more newspapers of general circulation in the City. Said notice shall be published at least thirty (30) calendar days before the date of the required Council hearing. The published notice shall set forth the time and place of the public hearing and the general nature of the proposed amendments. During such thirty (30) days, the text or copy of the text of such ordinance, measure, or regulation, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure or regulation, and the maps, plans, and reports submitted by the Planning and Zoning Commission, Board of Zoning Appeals, or Building Officer shall be on file, for public examination, in the office of the Fiscal Officer or in such other office as is designated by Council.
(k) Notice to the Public via Newspaper for Council Hearing. If the proposed amendment intends to rezone or redistrict ten (10) or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Fiscal Officer, by First Class Mail, at least twenty (20) calendar days before the day of the public hearing to all owners of property within 250 feet of the boundary of the area to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor's tax list. Failure of delivery of the notifications shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in the newspaper(s).
(l) Making a Decision. No ordinance, measure, or regulation which violates, differs from, or departs from the plan or report submitted by the Planning and Zoning Commission shall take effect unless passed or approved by not less than three-fourths (3/4) of the members of Council.
No ordinance, measure, or regulation which is in accordance with the recommendations, plans, or report submitted by the Planning and Zoning Commission shall be deemed to pass or take effect without the concurrence of at least the majority of the members of Council.
(Ord. 2022-110. Passed 12-12-22.)