The purpose of this procedure is to prescribe the manner in which changes shall be made in the text of this chapter (text amendment) and the application of such regulations to property within the city by means of the zoning map (rezoning). This procedure is intended to conform to minimum requirements of state law and to afford opportunity for review of proposed changes by the public.
(A) Jurisdiction. The City Council shall have jurisdiction with respect to all text amendments and rezonings. The Planning and Zoning Commission shall review and submit a recommendation to the City Council on all text amendments and rezonings.
(B) Initiation.
(1) A text amendment may be initiated by the Planning and Zoning Commission, City Council or any citizen of the city.
(2) A rezoning may be initiated by the Planning and Zoning Commission, City Council or owners of property asking to be rezoned.
(3) A rezoning may be initiated by the owner or the authorized agent of the owner of property by filing an application for a change in district boundaries (rezonings) as prescribed in this chapter. If the property for which rezoning is proposed is in more than one ownership, owners of 50% or the owner’s authorized agents shall join in filing the application.
(C) Application and fee.
(1) Application for rezoning initiated by a property owner shall be filed with the Building and Zoning Officer on a form and shall include the following data and maps:
(a) Name and address of the owner and applicant;
(b) Address and legal description of the property;
(c) If the applicant is not the legal owner of the property, statement that the applicant is the authorized agent of the owner;
(d) An accurate map of the area proposed for rezoning and the surrounding area, showing existing streets and property lines, and existing and proposed district boundaries. The map shall include an area determined by the Building and Zoning Officer to be necessary to illustrate the relationship to and potential impact of the surrounding area within 300 feet from the property proposed for rezoning; and
(e) A property address list of each lot and the name and mailing address of the owner of each lot as shown by the records of the county which is within 300 feet of the property proposed for rezoning and a map keyed to the ownership and address data. Such list shall be certified as accurate, according to the records of the county, by an appropriate representative of an abstracting or chapter company, attorney or registered land surveyor doing business in the city.
(2) The Building and Zoning Officer may require additional information or maps if they are necessary to enable the Commission to determine whether the change is consistent with the objectives of this chapter.
(3) An application for rezoning initiated by a property owner shall be accompanied by a fee established by the City Council.
(4) A rezoning initiated by the Planning and Zoning Commission or by the City Council shall be pursuant to a motion of the Commission or Council. The Building and Zoning Officer shall prepare the information prescribed in division (C)(1) above, pursuant to the intent of the motion. No fee shall be applicable.
(5) A text amendment initiated by the Planning and Zoning Commission or by the City Council shall be pursuant to a motion of the Commission or Council. The City Attorney shall prepare a draft of an ordinance amending the text of the zoning regulations pursuant to the intent of the motion. No fee shall be applicable.
(D) Public hearing. Not more than 30 days after filing of an application, the Planning and Zoning Commission may hold a public hearing on an application for a text amendment, but is not required to do so, and shall hold a public hearing on any application for a change in the zoning classification of any property. Notice shall be given as prescribed in § 155.299. At a public hearing, the Planning and Zoning Commission shall review the application, or the proposal, and shall receive pertinent evidence relating to consistency with the objectives of this chapter and the development policies of the city.
(E) Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall act on the application not more than 30 days following the closing of the public hearing. The Planning and Zoning Commission shall determine whether, in its opinion, the change is consistent with the objectives of this chapter, and shall recommend to the City Council that the text amendment or rezoning be enacted, be enacted in a modified form or be rejected.
(F) Action by the City Council.
(1) Not more than 30 days following receipt of the recommendation of the Planning and Zoning Commission, the City Council shall hold a public hearing on the text amendment or rezoning. Within 30 days following the closing of a public hearing, the City Council shall make a specific finding as to whether the change is consistent with the objectives of this chapter.
(2) If the City Council finds that the change is consistent, it shall introduce an ordinance amending the text of the zoning regulations or amending the zoning map, whichever is appropriate.
(3) If the City Council finds that the change is not consistent, it shall deny the application. The City Council shall not modify a recommendation of the Planning and Zoning Commission on a rezoning or change until it has requested and considered a report of the Commission on the modification. Failure of the Commission to report within 30 days after receipt of the City Council request shall be deemed concurrence.
(G) Protest provisions. Any ordinance enacted by the City Council to reclassify property from one district to another district shall require a favorable vote of three-fifths of all members of the City Council, when a written protest against the rezoning is received from either of the following:
(1) From persons owning 20% or more of the land included within the proposed rezoning; or
(2) From persons owning 20% or more of the land area adjoining and within 200 feet of the area proposed for rezoning, but excluding land outside the city.
(H) New application. Whenever a petition requesting an amendment, supplement or change of any regulations prescribed by this chapter has been denied by the City Council, such petition cannot be renewed for one year. This provision, however, shall not prevent the City Council or Planning and Zoning Commission from acting on its own initiative in any case or at any time provided in this section.
(Prior Code, § 9-12-4) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992; Ord. 774, passed 12-1-2014)