(a) General Procedures. The Planning Commission, City Council, or any property owner or group of property owners may request or propose an amendment to the Zoning Map. All such requests or applications for proposed amendments shall be submitted to the Commission for study and review.
(b) Application. Each application for a proposed amendment to the Zoning Map shall be accompanied by necessary legal descriptions and a plot plan as required in chapter 1193
, section 1193.06
, and the names and addresses of all owners of property which lies adjacent to and within two hundred fifty (250) feet of the site in question.
(1) Application for an amendment to the Zoning Map for any property of record shall be submitted no more than one (1) time within any six (6) month period regardless of the ownership of such property subject to the following exceptions:
A. A rezoning made on property abutting the lot or parcel sought to be rezoned.
B. The land use of property abutting the property sought to be rezoned has been changed as a result of action by an official public agency.
C. A procedural error incurred in processing the application by an employee or official of the City on property sought to be rezoned and which occurred through no fault of the applicant in the application for rezoning.
(c) Public Hearing. The Planning Commission shall not consider any application for amendment to the Zoning Map without first holding a public hearing, notice of which hearing shall be given in a newspaper of general circulation in the City at least thirty (30) days before the date of such hearing.
(1) If an application for amendment to the Zoning Map involves ten (10) or fewer parcels of land, the Clerk of Council shall give written notice of the public hearing by certified mail, return receipt requested, to the owners of property within a radius of two hundred fifty (250) feet measured from the approximate center of such parcel or parcels individually requested to be rezoned. Multiple owners of properties which fall in the appropriate distance for receipt of proper notification shall receive only one (1) notice if residing at the same address. In any event, contiguous property owners and those owners whose properties are directly across the street from such parcel or parcels, must be notified of the public hearing. Such notices are to be mailed to such owners and addresses appearing on the last preceding tax rolls, and to such other list or lists that may be specified by City Council. During the thirty (30) day period prior to the public hearing, the application for the amendment to the Zoning Map together with maps or plans or copies thereof, shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council. Provided that where due notice shall have been published and where there has been substantial compliance with the remaining provisions of this section, the failure to give notice to property owners in exact conformance herewith shall not be deemed to invalidate action taken by the City in connection with the proposed amendment.
(2) For an application for amendment to the Zoning Map involving more than ten (10) parcels of land, written notice of the public hearing to property owners as required above shall not be necessary.
(d) Commission Action. The Planning Commission shall, within sixty (60) days of the date of City Council's first ordinance reading for amendment to the Zoning Map, hold the public hearing on such application at which the Commission shall take final action to forward to City Council its recommendations, whether favorable or unfavorable.
(e) Guidelines for Evaluation of Application for Zoning Map Amendment. The Planning Commission and City Council shall review and consider all applications for amendment to the Zoning Map. The Commission and Council shall base all recommendations and actions to approve or disapprove proposed amendments to the Zoning Map upon the following guidelines:
(1) An application for amendment to the Zoning Map should generally be approved if:
A. The rezoning is consistent with the City Land Use Plan, as established by the City Comprehensive Plan.
B. The rezoning will be compatible with neighboring properties.
C. The City has the capability of providing public services including water supply and sanitary sewer facilities to the site.
D. The rezoning will not create or contribute to unsafe or hazardous conditions.
E. The rezoning is justified based on changed or changing conditions pursuant to subsection (b), items A or B of this section.
(2) An application for amendment to the Zoning Map should generally be disapproved if:
A. The rezoning would create an isolated zoning district unrelated to adjacent districts (i.e., "spot zoning").
B. The rezoning will adversely affect neighboring properties.
C. The rezoning will create or contribute to unsafe or hazardous conditions.
D. It is economically feasible to develop the site under its current zoning classification.
E. There are adequate sites elsewhere in the City for the proposed use, in districts where such use is already permitted.
It shall be the sole responsibility of the applicant to submit documentation to the Planning Commission sufficient to adequately evaluate the application for amendment to the Zoning Map.
(f) Action by Council. When the Planning Commission has reported its findings as required herein, Council shall take action to approve or disapprove the proposed amendment to the Zoning Code or Map in the same manner as any other legislation is adopted, except that no amendment that is reported unfavorably by the Commission shall be approved by Council except upon an affirmative vote of not less than five (5) members of Council.
(g) Fees for Public Hearings.
(1) An application for a proposed amendment to the Zoning Map shall be accompanied by the following non- refundable fees for each lot or parcel of land or for each acre or fraction thereof sought to be rezoned, whichever is greater.
FROM CURRENT ZONING DISTRICT TO | FEE |
P |
$100.00 |
C-1 or C-2 |
$100.00 |
R-1 or R-1A |
$100.00 |
R-2 or R-2A |
$125.00 |
R-3 or R-3A |
$150.00 |
R-4 |
$175.00 |
B-5 |
$200.00 |
B-4 |
$225.00 |
B-3 |
$250.00 |
B-2 or B-2A |
$275.00 |
B-1 |
$275.00 |
I-1 or I-1A |
$300.00 |
I-2 |
$325.00 |
I-3 |
$350.00 |
(2) In addition thereto, there shall be deposited with the Clerk of Council by the person requesting the amendment, an advance deposit of five hundred dollars ($500.00) to be used to cover the cost of notices, advertising the public hearing and providing a stenographic record of the hearing.
(3) Upon receipt of the advance deposit, the Clerk of Council shall deposit the fee with the Director of Finance who shall establish a special fund with which to hold such fees until the cost of the notice, advertising and stenographer for the application for amendment can be determined. All expenses incurred from the notice and advertising the amendment of the Zoning Map by the City shall be paid from such special fund. Upon payment in full of expenses incurred, any monies remaining from the deposit shall be returned to the depositor by the Director of Finance. In the event that the amount of the deposit is insufficient to cover all expenses incurred by the City, then, prior to final action by Council, the Clerk of Council shall advise the depositor of the total amount needed for such additional costs and no action shall be taken by Council until the full amount of costs have been paid.
(Ord. 1999-9. Passed 3-16-99.)