A. Application And Fees:
1. An amendment to the zoning map shall be initiated by the filing of an application with the city clerk. An application shall be in such form and content as the planning commission may by motion or resolution establish and shall be accompanied by the payment of a one hundred twenty five dollar ($125.00) application fee, plus a site sign fee (an amount representing the city's cost for the sign), plus the cost of mailing as required. In addition, the applicant will be required to pay all notice and publication expenses incurred with regard to the requested zoning map amendment prior to action by the planning commission. The City Council may amend the fees expenses and requirements as set forth in this subsection by ordinance or resolution.
2. An application shall be filed with the City Clerk and shall be set for public hearing.
B. Notice Required: The Planning Commission shall give fifteen (15) full days' notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation and shall also require the mailing of written notice to all owners of property, as listed on the current tax rolls, within a three hundred foot (300') radius of the exterior boundaries of the subject property twenty (20) full days prior to the date of public hearing. The notice shall contain:
1. Date, time, and place of public hearing.
2. Legal description of the property and the street address or approximate location of the property.
3. Present zoning district classification of the property and the proposed zoning district classification, provided:
a. Notice of a proposed RM-2 rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon RM-2, RM-1, RD, RS-3, RS-2, RS-1 and RE, or combinations thereof in the disposition of the application, and in like manner, notice of any R district, including RMH, shall confer jurisdiction to consider any less dense R district, except RMH.
b. Notice of a proposed CH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon CH, CG, CS, OM, and OL or combinations thereof in the disposition of the application, and in like manner, notice of any C district shall confer jurisdiction to consider any less intense C district or any O district, and notice of any O district shall confer jurisdiction to consider any less intense O district.
c. Notice of a proposed IH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon IH, IM, IL, or combinations thereof in the disposition of the application, and in like manner, notice of any I district shall confer jurisdiction to consider any less intense I district.
d. Specific notice of a proposed AG or RMH District shall be required to confer jurisdiction on the Planning Commission and City Council to consider such AG or RMH Districts.
C. Planning Commission Action:
1. After notice and public hearing, the Planning Commission shall vote to:
a. Recommend to the City Council that the application be approved as submitted, or as amended, or be approved subject to modifications; or
b. Recommend to the City Council that the application be denied.
2. Any application recommended for approval or approval subject to modification shall be transmitted, with the report and recommendation of the Planning Commission, to the City Council within fifteen (15) days from the date of Planning Commission action.
3. Any application recommended for denial shall not be considered further unless the applicant, within fifteen (15) days from the date of the Planning Commission action, files a written request with the City Clerk for a hearing by the City Council. The request for hearing shall be accompanied by the payment of a twenty five dollar ($25.00) fee. Upon notice of such request, the Planning Commission shall forthwith transmit the application and its report and the recommendation to the City Council.
4. In the event the Planning Commission arrives at a tie vote, the application shall be transmitted, with a report and notation of the tie vote, to the City Council within fifteen (15) days from the date of the Planning Commission action.
5. Prior to the submission to the City Council, all data, materials, recommendations and other pertinent information transmitted to the City Council from the actions taken by the Planning Commission at a public hearing shall be approved for accuracy by the Chairman, or in his absence, the Secretary of the Planning Commission.
D. City Council Action:
1. The City Council shall hold a hearing on each application regularly transmitted, and on each application transmitted pursuant to a written request for further hearing, and shall approve the application as submitted, or as amended, or approve the application subject to modification, or deny the application. Provided, however, in case of a proposed amendment, change, or repeal of the Code or any part thereof that was not previously recommended for approval by the Planning Commission, or if written public protest against such proposed amendment, change, or repeal shall have been filed in the office of the City Clerk, three (3) full days prior to the time of the public hearing by the owners of 20 percent (20%) or more of the area of the lots included in such proposed amendment, change, or repeal, or by the owners of 50 percent (50%) or more of the area of the lots within a three hundred (300) foot radius of the exterior boundary of the territory included in a proposed amendment, change, or repeal, then the proposed amendment, change, or repeal shall not become effective except by the favorable vote of three-fifths (3/5) of all members of the City Council.
2. Prior to the adoption and publication of a rezoning ordinance, the applicant shall remit to the Office of the City Clerk the payment necessary to cover the cost of the ordinance publication. The City Clerk shall not cause the ordinance to be published prior to such payment.
E. Time Limit For Resubmittal Of Denied Application: When the City Council has denied an application to amend the zoning classification of a particular tract of land, or when the Planning Commission has denied such application and no appeal was made to the City Council, no subsequent application on such tract or portion thereof shall be set for public hearing by the Planning Commission until one hundred eighty (180) days have elapsed from the date of the Planning Commission action on the original application.
(1991 Code § 16-25-1530; amd. Ord. 2013-3, 2-12-2013; Ord. 2018-01, 4-24-2018, eff. 7-1- 2018; Ord. 2022-06, 5-10-2022; Ord. 2022-17, 11-8-2022)