The Planning Commission shall:
(a) Receive all requests for amendments to the Zoning Map and process the same according to the provisions of this Planning and Zoning Code, or pursuant to rules and regulations established by the Commission and not in conflict therewith. However, no action shall be taken on such requests, except for those requests originating as provided in divisions (a)(1), (a)(2), (a)(3) and (a)(4) hereof.
(1) An individual, partnership or corporation having legal title to property in the City, or a valid written option from the owner or owners to purchase the property concerned, may submit an application for an amendment to the Zoning Map on forms supplied by the Zoning Administrator. Such an application shall include a site plan, a statement indicating the purpose, objectives and reasons for the amendment, and a description of the property involved by the permanent parcel number. The Zoning Administrator, upon finding that the application is complete and all applicable fees have been paid, shall request the Director of Law to prepare proper legislation, and refer the legislation to Council. Council shall refer the proposed ordinance to the Commission for a public hearing on the proposed Zoning Map amendment, as herein provided, and an official recommendation. After the public hearing, the proposed ordinance, reports, and recommendations of the Commission shall be submitted to Council.
(2) An amendment to the Zoning Map may be initiated by the Commission by a resolution duly adopted, clearly and concisely setting forth, in writing, the proposed amendment, together with a statement of reasons for such change and a description of the property involved by permanent parcel number. Upon adoption of the resolution, the Director of Law, upon request, shall prepare proper legislation, and refer the legislation to Council. Council shall refer the proposed ordinance to the Commission for a public hearing on the proposed Zoning Map amendment, as herein provided, and an official recommendation. After the public hearing, the proposed ordinance, reports, and recommendations of the Commission shall be submitted to Council.
(3) An ordinance amending the Zoning Map may be requested by a member of Council, in which event, the Director of Law shall prepare legislation to accomplish such amendment. The proposed ordinance shall then be referred to the Commission for a public hearing as herein provided, and an official recommendation. After the public hearing, the proposed legislation, reports and recommendations of the Commission shall be submitted to Council.
(4) An ordinance amending the Zoning Map may be requested by the Administration, in which event, the Director of Law shall prepare legislation to accomplish such amendment. The proposed ordinance shall then be referred to Council. Council shall refer the proposed ordinance to the Commission for a public hearing as herein provided, and an official recommendation. After the public hearing, the proposed legislation, reports and recommendations of the Commission shall be submitted to Council.
(b) The Commission shall make an official recommendation on any proposed amendment to the Zoning Map relating to a change of zoning classification, whether initiated by or referred to it as provided for in divisions (a)(1), (a)(2), (a)(3) and (a)(4) hereof. Prior to making such recommendation, the Commission shall hold a public hearing on the proposed amendment and within 120 days thereafter of the closure of the public hearing, make its recommendation to Council. Unless such recommendation is made within such period of 120 days, it shall be considered to have been approved by the Commission.
(1) Notice of the time and place of such public hearing shall be mailed by the Zoning Administrator to the applicant, to owners of all property within 200 feet of the site, lot or parcel in question and to owners of any property deemed by the Zoning Administrator to be affected.
(c) Upon receipt of the Commission's recommendation or after 120 days have elapsed and no recommendation has been made by the Commission, Council shall hold a public hearing on all Zoning Map amendments or revisions, after giving thirty days notice thereof by publication in a newspaper of general circulation within the City, for two consecutive weeks. During the period of notice, any ordinance, maps, plans, reports of the Commission, and the recommendation of the Commission relating to changes in zoning classification, shall be on file for public examination in the office of the Clerk of Council.
(d) If a proposed amendment relating to changes in the Zoning Map classification is changed by Council, in substance, so as to deviate from the original proposal, then such amendment shall be referred back to the Commission and the same procedure shall apply thereto as applied to the original amending ordinance.
(e) Any proposed amending ordinance relating to Zoning Map classification, which ordinance is disapproved by the Commission, shall not be passed unless it receives the affirmative vote of three-fourths of the entire Council.
(f) Any proposed amending ordinance relating to Zoning Map classification, which ordinance has been defeated by a vote of Council, shall not be eligible for reconsideration for a period of one year after such final action by Council.
The following graphic display of the Zoning Map Amendment Procedure provides a visual expression and is intended to aide in the interpretation of the regulation.
(Ord. 52-06. Passed 12-11-06.)