(A) General. The City Commission may, from time to time, on its own motion or on petition, after public notice and hearings thereon, as provided herein, amend, supplement, change, modify or repeal the regulations and restrictions as established herein and may change, restrict or extend the boundaries of the various districts established herein. Before taking action upon any proposed amendment, modification, change, restriction or extension, the same shall be referred by the City Commission to the Zoning Commission of the city, for recommendation and final report of such Zoning Commission; and no action shall be taken by the City Commission until it has received the final report of said Zoning Commission.
(B) Application requirements.
(1) Any person, firm or corporation requesting a change in zoning of any property from one district classification to another district classification under this chapter shall make an application in writing to the city requesting a change in zoning, which application shall contain the following information:
(a) Legal description of the land on which a zoning change is requested together with the local street address;
(b) Name and address of the owner of the property;
(c) Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the application;
(d) District use under which the property is regulated at the time of making the application and the district use requested by the applicant; and
(e) Any other information concerning the property as may be requested by the Department of Transportation and Planning of the city or the Zoning Commission.
(2) Prior to processing the request, the applicant shall pay a fee as established in § 160.107 of this chapter to offset the costs of processing, publishing and mailing of notices.
(C) Zoning Commission public hearing.
(1) Notification. Before acting upon any changes in the classification of property, the Zoning Commission shall hold a public hearing. Written notice of all such public hearings before said Zoning Commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given, not less than ten days before the date set for the hearing, to all such who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, proper advertising of the public hearing shall be provided by at least 15 days’ notice of the time and place of such hearing as published in an official newspaper or a newspaper of general circulation in the city.
(2) Continuance. Any hearing may be continued for good cause at the request of the applicant, or at the discretion of the Zoning Commission duly noted in writing in its minutes. In the event that any hearing is continued or recessed or, a matter tabled for any reason other than lack of proper notice, further notice to surrounding property owners shall not be required provided that such continuation date and time shall be set at that meeting.
(3) Recommendation.
(a) Upon the final hearing of such application, the Zoning Commission shall recommend approval or denial of the same and a report of such action shall be made by the Zoning Commission to the City Commission.
(b) In the event that the Zoning Commission recommends that a zoning change request not be granted, the case will not be processed further and shall not be forwarded to the City Commission for public hearing, unless the applicant shall, within ten days after the date the Zoning Commission votes to recommend that the zoning change not be granted, file with the Department of Transportation and Planning a request that the application be forwarded to the City Commission for a public hearing and determination of the zoning change request.
(c) In the event a zoning change request is denied by the Zoning Commission or the City Commission, the property owner/applicant shall not reapply for the same land use rezoning change for a period of 180 days from the date of denial.
(D) City Commission public hearing.
(1) Notification. Before acting upon an amendment change, modification or repeal of this chapter by the City Commission, at least 15 days’ notice of the time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation in the city.
(2) Continuance. Any hearing may be continued for good cause at the request of the applicant, or at the discretion of the City Commission duly noted in writing in its minutes. In the event that any hearing is continued or recessed or a matter tabled for any reason other than lack of proper notice, further notice to surrounding property owners shall not be required provided that such continuation date and time shall be set at that meeting.
(3) Approval. If the zoning request for change in classification of property is approved by the City Commission, an appropriate ordinance shall be voted upon by the City Commission when the City Commission has received notice from the Building Official that the applicant has requested a building permit for the requested uses.
(4) Expiration. If no ordinance granting the requested zoning has been adopted within one year of the date on which the City Commission voted approval of the zoning change, such zoning shall be considered to be expired unless placed on the City Commission agenda for further consideration.
(1998 Code, App. A, § 40-77) (Ord. 95-26, passed 1-3-1996; Ord. 98-37, passed 12-2-1998)