(A) Initiation of amendments. Amendments may be proposed by the Mayor and City Council, by the Zoning Board of Appeals, by the Plan Commission, by any person having a proprietary interest (which shall include, but not be limited to, the interest of an owner, beneficial owner, tenant, contract purchaser or option holder) in the property affected by the amendment, or by any interested citizen of the city.
(B) Application for amendment. An application for an amendment shall be filed with the City Clerk who shall forward a copy of the same to the Plan Commission without delay. The application shall be filed in the number of copies, be in the form, and contain information as the Secretary of the Plan Commission may prescribe from time to time. If the application pertains to amending the district map, the application shall be accompanied by four paper copies and one electronic copy of a plat, drawn or pictured to an accurate scale by a person competent therein, showing all pertinent information which pertinent information shall include, at a minimum, the existing zoning and actual use of the property involved and adjoining property as well as the general area immediately affected by the proposed change. If the application pertains to amending the provisions of this chapter, a proposed ordinance shall be submitted. The Plan Commission shall conduct a public hearing thereon, to be held within 60 days from the date of the receipt of the application by the Secretary of the Plan Commission.
(C) Notice of hearing. The Plan Commission shall cause to be published public notice of the hearing on each proposed amendment at least once, not less than 15 days nor more than 30 days before the hearing, in a newspaper published within the city. The notice shall contain the date and location of the public hearing, the subject property for which the amendment is requested, a brief statement of the use for which the amendment is being requested and shall state that every person in attendance at the hearing shall have an opportunity to be heard, that every “interested party” (as defined under § 162.001) shall have the right to cross-examine others at the hearing, provided that the interested party enters his or her appearance with the Department of Planning and Development no later than three business days before the date of the public hearing. In addition to providing public notice by publication, the Department shall post a sign at the subject property advising the public of the requested action; the sign shall be posted not less than 15 days prior to the public hearing.
(D) Notice to property owners. If a change in the district map is sought, the applicant shall not less than 15 days before the date of the public hearing, serve written notice, either in person or by registered or certified mail, return receipt requested, on at least one owner of each property within 250 feet in each direction of the lot line of the subject property unless waived by the Plan Commission or City Council. Ownership shall be based solely on the tax records of the county. The number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 foot requirement; provided further that in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways. The notice shall contain the same information as is required under division (C) above for the public hearing notice, and also shall include a statement of the use for which the change in the district map is being sought. The notice shall be approved by the Director of Planning and Development or his designee. If, after a bona fide effort to determine the address by the applicant, the owner of the property on which notice is served cannot be found at his, her or its last know address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of these provisions shall be deemed satisfied. Proof of giving notice hereof by affidavit shall be filed with the Secretary of the Plan Commission. A failure to comply with the provisions of this division shall not affect or invalidate any zoning amendment or change and additionally may be waived by the City Council or Plan Commission.
(E) Review by the Plan Commission. The proposed amendment or change shall be reviewed by the Plan Commission. The Plan Commission shall thereafter file a report with the City Council. The Plan Commission shall have 60 days following the filing of the application or proposed amendment or change to submit its report. If a report is not filed with the City Council within 60 days, it may be assumed by the City Council that the Plan Commission approved the application. The applicant for any change may, however, agree to a longer time period than set forth herein.
(F) Continuation of hearing. After notice of a scheduled hearing has been published or served on adjoining property owners, as provided herein, the hearing may be continued or withdrawn only upon approval of the Plan Commission. A request by an applicant for continuation or withdrawal may only be granted for good cause. Any request must be made in person to the Plan Commission or in writing setting forth the reasons for the request. Notwithstanding any request, the Plan Commission shall have the discretion to grant the request; deny the request and hold any required public hearing and make a recommendation to the City Council regarding the subject application; or grant a continuance and defer taking any final action, but proceed with any required public hearing. In addition, and notwithstanding the foregoing, if an applicant (who has otherwise failed to previously request a continuation or withdrawal of an application) fails to appear at the scheduled hearing, the application may be denied by the Plan Commission with or without any required public hearing and the denial reported to the City Council.
(G) Action by the City Council. After receiving the recommendations and report of the Plan Commission, the City Council may pass the proposed amendment with or without change, may reject it, may recommit it to the Plan Commission for further consideration, or take other appropriate action. In case of a written protest against any proposed amendment of the regulations or districts, 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, is filed with the Clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of the Aldermen of the City Council then holding office. In these cases, a copy of the written protect shall be served by the protestor or protestors on the applicant for the proposed amendment 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.
(H) Amendment of application. A proposed amendment or change to the terms of this subchapter may be amended from time to time as the City Council, Plan Commission or other appropriate party may desire. A proposed amendment or change in the district map may also be amended at any time by the applicant subject to the condition that the publication and notice requirements herein established are again complied with. It shall not, however, be necessary to again comply with the publication and notice requirement, herein established if the application for amendment or change to the district map is to a zoning classification which is included within the zoning classification sought and relative to which the publication and notice requirements herein established have been complied with. Thus, for example, an application for a C2 District may be amended to an application for RS, R1A, R1B, R1C, R2, R3, C1A or C1B District as the uses in the zoning classifications are included within the general C2 zoning classification of permitted uses.
(I) Alternate and cumulative applications. Nothing herein shall prevent a person from applying for alternate changes in zoning classifications or a change in zoning classification and/or a special permit. If the publication and notice requirements herein established have been complied with, the Plan Commission may recommend amendments, changes or special permits subject to the City Council’s approval of appropriate amendments, changes or special permits.
(J) Effect of denial of zoning change. After a public hearing has been held and a zoning change denied in whole or part by the City Council, an application for the same shall not be resubmitted for a period of one year from the date of the denial, unless allowed by the City Council. In general, resubmission shall be allowed only if there is substantial new evidence or proof of changed conditions found to warrant resubmission.
(1980 Code, § 29.1202) (Ord. 9000, passed 12-29-2003; Ord. 9282, passed 11-16-2015; Ord. 9423, passed 8-16-2021) Penalty, see §
162.999