(A) Criteria for granting zoning amendments. The Council may adopt amendments to the this chapter, and the zoning map in relation both to land uses within a particular district, or to the location of the district line. The amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals, and policies, of the city as specified in the comprehensive plan, or due to changed conditions within the city.
(B) Kinds of amendments.
(1) A change in a district’s boundary (rezoning).
(2) A change in the this chapter.
(3) A change in any other provision of this chapter.
(C) Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:
(1) By petition of any owner, or owners, of property that is proposed to be rezoned, or for which zoning, or district regulation, changes are proposed;
(2) By recommendation of the Planning and Zoning Commission; or
(3) By action of the Council.
(E) Required exhibits for rezoning, or district regulation changes, initiated by property owners.
(1) A preliminary building and site development plan (the Council may also require a boundary survey of the property).
(2) Evidence of ownership, or enforceable option, on the property.
(F) Procedure. The procedure for a property owner to initiate rezoning, or district regulation change, applying to the property is as follows:
(1) The property owner, or his or her agent, shall meet with the Zoning Administrator to explain his or her situation, learn the procedures, and obtain an application form;
(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator, and shall pay a filing fee as established by the Council. If the application and submittals are complete, this date shall be the official submission date. If the application or submittals are not complete, the Zoning Administrator will notify the applicant of the deficiencies within ten days. The official submission date will be the day that the petitioner has submitted a complete application, and supplied all required exhibits;
(3) The Zoning Administrator shall transmit the application, and required exhibits, to the Planning and Zoning Commission, and shall notify all property owners within 350 feet of the outer boundaries of the property in question. However, failure of any property owner to receive the notification shall not invalidate the proceedings;
(4) The Zoning Administrator shall set the date for a public hearing, and shall have notices of the hearing published in the legal newspaper at least once, not less than ten days, and not more than 30 days, prior to the hearing. The Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning and Zoning Commission or the Council;
(5) The Planning and Zoning Commission shall hold the public hearing, and then shall recommend one of three actions (approval, denial, or approval with special conditions) to the Council within 30 to 40 days of the official submission date;
(6) The Council shall act upon the application within 20 to 30 days of receiving the recommendations by the Planning and Zoning Commission, or, ultimately, within 60 days of the official submission date;
(7) If an applicant requests that a special meeting be scheduled, the applicant shall bear the full cost for the special meeting. The fee for special meetings shall be set by the Council; and
(8) No application of a property owner for an amendment to the text of this chapter, or the zoning map, shall be considered by the Planning and Zoning Commission within a one-year period following a denial of the request, except the Planning and Zoning Commission may permit a new application if, in the opinion of the Planning and Zoning Commission, new evidence, or a change of circumstances, warrants it.
(Prior Code, § 11.80)