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(A) Initiation. Initiation of a zoning text or map amendment may be done by Planning Commission or by the following:
(1) By petition of the property owner or the owner's authorized agent; or
(2) By recommendation or referral from City Council.
(B) Review procedures. The following review procedures apply to all zoning text and map amendments:
(1) Step 1 - Application.
a) The owner or owner's authorized agent shall submit an application for a zoning text or map amendment in accordance with the provisions of this section.
b) Complete zoning text or map amendment applications shall include all the required information per the approved checklist.
(2) Step 2 - Review of application by staff.
a) The Building Official shall review the text or map amendment application to determine completeness and shall distribute the application to other city departments and consulting professionals and agents of the city as appropriate for review and comment.
b) Upon determination that the application is complete, the Building Official shall refer the application to Planning Commission for review within 90 days.
(3) Step 3 - Planning Commission review and recommendation.
a) The Planning Commission shall hold a public hearing on the zoning text or map amendment and shall furnish to City Council its recommendation with respect to the submitted plans. Public hearings shall be subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.
b) The Planning Commission may recommend that the zoning text or map amendment be approved, disapproved, or modified.
c) In the event the Planning Commission recommends that a zoning text or map amendment be disapproved, the owner or owner’s authorized agent shall request in writing that the application be forwarded to City Council for review and action pursuant to Step 4 below. Failure to provide such written request, within 30 days from the date of action by Planning Commission, shall constitute withdrawal of the application.
(4) Step 4 - City Council review and action.
a) City Council, at their next regular meeting following receipt of the Planning Commission's recommendation, shall set a date for public hearing on the zoning text or map amendment subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.
b) Following the public hearing, City Council shall approve, disapprove, or modify the zoning text or map amendment. If City Council reverses the recommendation by Planning Commission, it shall only do so by the affirmative votes of not less than two-thirds of its members.
c) The City Council may amend any ordinance, measure, or proposed zoning text or map amendment prior to voting on the item without further notice or postponement if such amendment is relevant to the subject matter and does not violate, differ, or depart from Planning Commission's recommendation.
(C) Review factors. Recommendations and decisions on a zoning text or map amendment shall be based on consideration of the following factors. Not all factors may be applicable in each case, and each case shall be determined on its own facts.
(1) Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact since the time that the original text or map designations were established;
(2) Whether the proposed amendment is consistent with the comprehensive plan or other applicable city plans;
(3) Whether the proposed amendment is consistent with the purpose of this code;
(4) Whether, and the extent to which, the proposed amendment addresses a demonstrated community need;
(5) Whether the proposed amendment will protect the health, safety, and general welfare of the public;
(6) Whether the proposed amendment will result in significant mitigation of adverse impacts on the natural environment, including air, water, noise, storm water management, wildlife, and vegetation;
(7) Whether the proposed amendment will ensure efficient development within the city;
(8) Whether the proposed amendment will result in a logical and orderly development pattern; and
(9) Whether the proposed amendment will produce a negative impact upon the abutting or surrounding properties and land uses.
(D) Planned unit development zoning map amendments. The review procedures for planned unit development zoning map amendments are described in § 153.255(F): Review Procedures and Factors.
(Ord. 4-2016, passed 3-2-16; Am. Ord. 33-2016, passed 11-16-16)