(A) Petition. Any person or corporation having a proprietary interest in any property may petition the City Council for a change, supplement, or amendment to the provisions of this chapter or the City Council may on its own motion institute a study and proposal for changes, supplements and amendments in the public interest.
(B) Procedures.
(1) The City Council may, from time to time, amend, supplement or change by ordinance the districts or the regulations herein established.
(2) The City Council shall hold a public hearing on any request for any amendment, supplement or change prior to approving or denying the request.
(3) Written notice of all public hearings before the City Council on any proposed amendment, supplement or change shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll.
(4) Notice of such hearing shall also be given by publication in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the first date of publication.
(5) If a protest against a proposed amendment, supplement or change has been filed with the City Secretary in accordance with this division (B)(5), such change shall not become effective except by favorable vote of three-fourths of all the members of the City Council.
(a) The protest must be written and signed by the owners of at least 20% of either:
1. The area of the lots or land included in such proposed change; or
2. The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.
(b) In computing the percentage of land area under this division (B)(5), the area of streets and alleys shall be included.
(6) Amendments to this chapter not involving a particular property but involving a change in the zoning regulations generally do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than 15 days from the date of such publication.
(C) Limitation of resubmission of petition. No amendment, supplement, change or repeal of any section of this chapter, which has been legally rejected by the City Council on an appeal or petition by an appellant, may be reconsidered before the expiration of one year from the date of the original action.
(D) Factors in amendment considerations. In making its determination regarding an amendment to the Zoning Ordinance, the City Council shall consider the following factors:
(1) Whether the use permitted by the proposed change will be appropriate in the immediate area concerned and the impact of the proposed change on the general area and the city as a whole;
(2) Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area;
(3) The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances, which may make a substantial part of such vacant land unsuitable for development;
(4) The rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;
(5) The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved and whether such designation for other areas should also be modified; and
(6) Any other factors which will substantially affect the public health, safety, morals or general welfare.
(Ord. passed 4-4-2000; Ord. 2006-0921, passed 9-21-2006)