(a) Authority for Amendments. Whenever the public necessity, convenience, general welfare, or good zoning practices require, City Council may by ordinance amend, revise, rearrange, renumber or recodify this Zoning Code or amend, supplement, change or repeal the boundaries or classification of property according to the procedures set forth in Section 1137.08(b) to (e) and subject to the procedures provided by law.
(b) Initiation of Zoning Amendments. Amendments to the Zoning Code may be initiated in one of the following ways:
(1) By the filing of an application to the Planning Commission by one or more owners of property within the area proposed to be changed or affected by said amendment.
(2) By the adoption of a motion by the Planning Commission;
(3) By the passage of a motion by City Council;
(c) Map Amendments Initiated by Property Owner(s). A map amendment initiated by one or more owners of property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:
(1) Application Requirements. Applications for amendments to the Zoning Map adopted as part of this Code by Section 1141.02 shall contain at least the following information:
A. The name, address and phone number of the applicant and the property owner if other than the applicant;
B. Legal description of the parcel(s) to be rezoned, drawn by a registered surveyor;
C. A statement of the reason(s) for the proposed amendment;
D. Present use and zoning district;
E. Proposed use and zoning district;
F. A vicinity map at a scale approved by the Planning Director showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Planning Director may require;
G. A list of all owners of abutting property including any abutting property located in abutting communities;
H. A statement on the ways in which the proposed amendment relates to the Comprehensive Plan;
I. The payment of the application fee as established by Council.
(2) Referral to Planning Commission. After the filing of an application by a property owner(s), said application shall be referred to the Planning Commission for its consideration and recommendation.
(3) Recommendation by Planning Commission. The Planning Commission shall recommend one of the following:
A. That the amendment be granted as requested,
B. That the amendment be granted as modified by the Planning Commission, or
C. That the amendment be denied.
The decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based.
(4) Public Hearing and Notice by Council. Upon receipt of the recommendation from the Planning Commission, Council shall set a time for a public hearing on the proposed amendment. Notice of the public hearing shall be given by Council pursuant to the procedures set forth in Section 10.05 of the City Charter. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment. During such 30 days, the text of the proposed amendment, maps or plans, if applicable, and the recommendations of the Planning Commission 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.
(5) Notice to Property Owners by Council. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least 20 days before the day of the public hearing to all owners of property within 300 feet of such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list, and to such other list or lists that may be specified by Council. The notice shall contain the same information as required of notices published in newspapers as specified in subsection d. above. In addition, the City shall post on the subject site notice of Council's pending review of such proposed map amendment within one week after Council receives the application from the Planning Commission.
(6) Action by Council. After the public hearing required by subsection d. above, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event Council adopts the recommendations of the Planning Commission, concurrence by a majority of the full Council members shall be required. Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement, if such amendment to the proposal shall be germane to the subject matter thereof and is in accordance with the recommendation of the Commission.
If no action has been taken by Council within 90 days after the introduction of a Council ordinance regarding a Planning Commission recommendation, then such proposed amendment shall be considered a denial.
(d) Amendments Initiated by Planning Commission. The Planning Commission on its own initiative may, by the passage of a motion, recommend to City Council changes in the Zoning Code and Zoning Map. After Planning Commission has made a recommendation to City Council, Council shall follow the procedures for review and hearing of the proposed amendment as set forth in Section 1137.08(c)(4) to (6).
(e) Amendments Initiated by Council. Amendments to the Zoning Code or Zoning Map initiated by the adoption of a motion by City Council shall comply with the following:
(1) Referral to Planning Commission. After the adoption of a motion by Council, said motion shall be referred to the Planning Commission for its consideration and recommendation.
(2) Recommendation by Planning Commission. The Planning Commission shall recommend one of the following: (1) that the amendment be granted as requested, (2) that the amendment be granted as modified by the Planning Commission, or (3) that the amendment be denied. The decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based. If the Planning Commission does not make a recommendation on a motion adopted by Council within sixty days, and the time for responding is not extended by Council, Council may act as if the Planning Commission recommended approval.
(3) Public Hearing and Action by Council. After receiving a recommendation from the Planning Commission, Council shall follow the procedures for review and hearing of the proposed amendment as set forth in Section 1137.08(c)(4) to (6).
(Ord. 2007-222. Passed 1-10-08.)