This chapter may be amended, supplemented, revised or repealed from time to time as conditions warrant, subject to the following standards and procedures.
(A) Standards for amendments. A proposed amendment shall be considered on its own merits using the following criteria as a guide.
(1) Text or map amendments. Proposed amendments shall:
(a) Be necessary because of substantially changed or changing conditions of the area and district affected, or in the ordinance generally;
(b) Be consistent with the intent and purposes of the ordinance;
(c) Not directly or indirectly adversely affect any other part of the ordinance; and
(d) Be consistent with and not in conflict with the city’s comprehensive plan.
(2) Errors or oversights. Errors or oversights as may be found in the ordinance as originally adopted shall be corrected under the normal amendment procedure.
(B) Text amendment request. Text amendment requests shall be filed with the Zoning Administrator. Requests may be initiated by the Planning Commission or City Council.
(1) General. The proposed amendment shall be presented at a regularly scheduled meeting of the Planning Commission, at which time the Commission may initiate a study of the amendment. If no study is deemed necessary, a public hearing shall be set.
(2) Hearing by the Planning Commission. The Planning Commission shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Planning Commission shall forward its recommendation to the City Council.
(3) Hearing by City Council. The City Council shall publish twice for two successive weeks’ notice of a final public hearing on the amendment. After taking into account all pertinent information and the recommendation of the Planning Commission, the City Council shall make a final determination within 30 days from the date of the hearing.
(C) Rezoning request. An application for a rezoning shall be filed with the Zoning Administrator. Rezoning requests may be initiated by either the property owner or a designated representative, or by an appropriate governmental agency. If by a designated representative, the designation shall be in writing, signed by the property owner and filed with the application.
(1) Application. The applicant shall appear before the Planning Commission to present the application, at which time the Planning Commission may initiate a study of the request. If in the opinion of the Planning Commission a study is not required, a public hearing shall be set.
(2) Notification procedure. The applicant shall notify by certified letter, at least ten days in advance of the public hearing, the owners of equity of all property in the city limits within 200 feet, exclusive of streets and alleys, from any part of the property subject to the rezoning, of the date, place and time of the public hearing. Such notification shall fully set forth a description of the development plan for the property, if any, in the event the rezoning request is approved.
(3) Hearing by the Planning Commission. The Planning Commission shall publish legal notice not less than ten days prior to the public hearing. At the close of the public hearing, the Planning Commission shall forward its recommendation to the City Council.
(4) Hearing by City Council. The City Council shall publish twice for two successive weeks’ notice of a final public hearing on the application. After taking into account all pertinent information and the recommendation of the Planning Commission, the City Council shall make a final determination within 30 days of the date of the hearing.
(D) Concurrent annexation/zoning designation requests. The boundaries of the corporate limits of the city may be amended from time to time, upon a concurrent annexation/zoning designation request by either a property owner or a designated representative. If by a designated representative, the designation must be in writing, signed by the property owner and filed with the application request. The applicant shall comply with the following procedures.
(1) Application. The applicant shall present a concurrent annexation/zoning designation application request with the required fee to the Zoning Administrator.
(2) Optional Planning Commission review. If determined appropriate by the Zoning Administrator, the applicant shall appear before the Planning Commission to present the application, at which time the Planning Commission may initiate a study of the request which may include, but not be limited to, the compatibility of the proposed development and zoning designation to: surrounding land use and zoning; topography; access; and the availability of municipal services. If in the opinion of the Planning Commission a study is not required, a public hearing shall be set.
(3) Public hearing by the Planning Commission. The Planning Commission shall publish legal notice not less than ten days prior to the public hearing. Prior to the public hearing, the applicant shall provide documentation that property owners in the city limits within 200 feet have been notified by certified mail of the date, place and time of the hearing. At the close of the public hearing, the Planning Commission shall forward its recommendation to the City Council.
(4) City Council review. If Planning Commission review of the request is not required by the Zoning Administrator, the request shall be presented to the City Council.
(5) Hearing by City Council. The City Council shall publish twice for two successive weeks’ notice of a final public hearing on the application. After taking into account all pertinent information and, if applicable, the recommendation of the Planning Commission, the City Council shall make a final determination within 30 days of the date of the hearing.
(Prior Code, App. A, Art. VI, § 5) (Ord. 969, passed 8-18-2003)