(A) Power of City Council. Whenever the public necessity, convenience, general welfare or good zoning practice require, Council may, by ordinance, after receipt of a recommendation thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this chapter or amendments thereof. The Planning Commission shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.
(B) Initiation of zoning amendments. Amendments to this chapter may be initiated in one of the following ways:
(1) By referral of a proposed amendment to the Planning Commission by City Council.
(2) By the adoption of a motion by the Planning Commission submitting the proposed amendment to City Council.
(3) By the filing of an application by at least one owner or lessee of property, or his designated agent, within the area proposed or affected by the said amendment.
(C) Contents of application. An application for amendment shall be submitted by the applicant to the Building and Zoning Inspector and shall contain, at a minimum, the following information:
(1) Name, address, and phone number of the applicant.
(2) Proposed amendment to the text or legal description of the property affected.
(3) Present use and district.
(4) Proposed use and district.
(5) A map drawn to scale showing property lines, streets, existing and proposed zoning, and such other items as the Building and Zoning Inspector may require.
(6) A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Fayette County Auditor's current tax list. The requirement for addresses may be waived when more than ten parcels are proposed to be rezoned.
(7) A statement as to how the proposed amendment will impact adjacent and proximate properties.
(8) Any other information as may be requested by the Building and Zoning Inspector to determine conformance with, and provide for enforcement of this Zoning Code.
(9) A fee as established by the City Council.
(D) Transmittal of resolution to Planning Commission. Upon referral of the proposed ordinance by City Council, or the filing of an application by at least one owner or lessee of the property, or their designated agent said proposed amendment or application shall be transmitted to the Planning Commission.
(E) Recommendation by Planning Commission.
(1) Within 60 days after the first regular meeting of the Planning Commission after the receipt of the proposed amendment, the Planning Commission shall recommend to the City Council that the
amendment be approved as requested, or it may recommend that the amendment be denied. A public hearing shall be held by the Planning Commission for consideration of the proposed amendment to the Zoning Code or Map unless the Planning Commission decides by affirmative vote that a hearing is not needed in the specific case being considered. Notice of the time, place and purpose of such hearing shall be given by:
(a) Publication at least once in a newspaper of general circulation in the municipality; the publication shall be not less than ten days prior to the date of the hearing.
(b) Where the proposed amendment is to effect a change in the district map, and less than ten parcels are proposed to be rezoned, written notice of the hearing shall be mailed by the Secretary of Planning Commission, by first-class mail, at least five days prior to the date of such hearing, to the owner(s) of all property within 200 feet of adjoining property. The failure of delivery of such notice shall not invalidate the proceedings or findings of the Planning Commission.
(2) If a public hearing is held, notice of the hearing shall also be mailed by the Building and Zoning Inspector, to other interested parties, as determined by the Chairperson of the Planning Commission.
(F) Action by City Council.
(1) Public hearing. Before the proposed ordinance may be passed, the City Council shall hold a public hearing, and shall give at least 30 days notice of the time and place thereof in a newspaper of general circulation in the city. If the proposed ordinance intends to remove or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Building and Zoning Inspector, by first-class mail, at least 20 days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the Fayette County Auditor's current tax list. The failure of delivery of such notice shall not invalidate such proposed ordinance.
(2) Display of relevant materials. During such 30 days, the text or copy of the text of the proposed ordinance, together with maps, plans, and reports submitted by the Planning Commission shall be on file, for public examination, in the municipal offices.
(3) Action by City Council. No such ordinance which is in accordance with the recommendation submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such ordinance which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths of the membership of the City Council.
(4) Effective date and referendum.
(a) Such amendment adopted by City Council shall become effective 30 days after the date of such adoption unless within 30 days after the passage of the ordinance there is presented to the Clerk of Council a petition, signed by a number of qualified voters residing in the city equal to not less than 10% of the total vote cast in such area at the last preceding general election at which a governor was elected, requesting the City Council to submit the zoning amendment to the electors of the city for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.
(Ord. 34-90, passed 12-26-90)