Section
1298.01 Amendment or district changes
1298.02 Changes by Council
1298.03 Initiation of zoning code text amendments
1298.04 Initiation of zoning map amendments
1298.05 Contents of applications for zoning map amendments
1298.06 Transmittal to Planning Commission
1298.07 Public hearing by Planning Commission
1298.08 Notice of public hearing in newspaper
1298.09 Notice of map amendments to property owners by Planning Commission
1298.10 Standards for zoning map amendments
1298.11 Recommendation by Planning Commission
1298.12 Public hearing by Council
1298.13 Notice of public hearing in newspaper
1298.14 Notice to property owners by Council
1298.15 Action by Council
1298.16 Zoning changes denied
Whenever the public necessity, convenience or general welfare require, Council may, by ordinance, and after receipt of recommendation thereon from the Planning Commission and subject to procedures provided below, amend, supplement, change or repeal the regulations, restrictions and boundaries or classifications of property.
(Ord. 2003-51, passed 5-20-03)
Amendments to the zoning code text may be initiated in one of the following ways:
(A) By adoption of a motion by the Planning Commission;
(B) By adoption of a motion by Council for the Planning Commission recommendation.
(Ord. 2003-51, passed 5-20-03)
Amendments to the zoning map may be initiated in one of the following ways:
(A) By adoption of a motion by the Planning Commission;
(B) By adoption of a motion by Council for the Planning Commission recommendation;
(C) By application by a property owner of record.
(Ord. 2003-51, passed 5-20-03)
The application shall be signed by the applicant, or the applicant's agent, attesting to the truth and exactness of all information supplied by the application, provided that an individual signing as the applicant's agent shall furnish proof of his or her authority to act for the applicant. At a minimum the application shall contain the following information:
(A) Name, address and phone number of applicant;
(B) Proposed amendment to the text or a survey of the property proposed to be rezoned;
(C) Present use;
(D) Present zoning district;
(E) Proposed use including any plans that the applicant has developed;
(F) Proposed zoning district;
(G) A vicinity map at a scale of not less than 1" = 100' showing property lines, streets, existing and proposed zoning existing use of all buildings and the principal use of all properties within 250 feet of such land and such other items as the Zoning Administrator may require; and
(H) A fee as established by Council.
(Ord. 2003-51, passed 5-20-03)
Following the request for consideration of a zoning code text or map amendment by Council, or following the filing of a zoning map amendment application by at least one owner of property, such motion or application shall be transmitted to the Planning Commission.
(Ord. 2003-51, passed 5-20-03)
Before holding the public hearing provided in § 1298.07, notice of such hearing shall be given by the Planning Commission, by publication of a notice in a newspaper of general circulation in the city at least once, 20 days prior to the meeting. This notice shall set forth the time and place of the public hearing and the nature of the proposed amendment. When the proposed action has been initiated by the city, the city shall provide at its cost the said notice. When the proposed action has been initiated by a party other than the city, the initiating party shall provide at its cost for the publication of the said notice and shall provide, on or before the date of the hearing, an affidavit confirming compliance with the provisions of this section, which said affidavit shall have attached thereto a "proof of publication" form by the publishing newspaper.
(Ord. 2003-51, passed 5-20-03; Am. Ord. 2004-103, passed 11-16-04)
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