The City Council may by ordinance, after receipt of a recommendation thereon from the Planning Commission, and following the required public hearing held by City Council, amend, supplement, change, or repeal the regulations, restrictions, or zoning district boundaries or classifications of property whenever the public necessity, convenience, general welfare, provisions of the comprehensive plan, or good zoning practices require.
(A) A request to amend this Zoning Code may be initiated as follows:
(1) By adoption of a motion by the Planning Commission;
(2) By adoption of a resolution by the City Council requesting the Planning Commission to make a review and recommendation;
(3) By the filing of an application by the owner of the property to be changed or affected by the proposed amendment.
(B) Applications by property owners for amendments shall contain such information as may be required by the Planning Commission, City Council, and City Manager for thorough review of each proposed amendment.
(C) Following the adoption and transfer of a resolution to the Planning Commission by the City Council, the adoption of a motion by the Planning Commission, or the filing of an application by the property owner, the Planning Commission may advertise and hold a public hearing on the proposed amendment, or supplement. If so:
(1) Notice shall be advertised by at least one publication in a newspaper of general circulation within the city, at least 20 days prior to the date of the public hearing. The notice shall state the date, place, and time of the hearing, and shall include the places and times that the proposed amendment and supporting documentation may be examined. Notice may also be given not less than ten days prior to the date of the public hearing by posting notice on or near the parcel of land involved at places which will be conspicuous to the neighboring properties and to the public, or by such other means as the granting authority deems appropriate.
(2) If the proposed amendment or supplement intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be mailed by the Planning Commission by first class mail at least 20 days before the date of the public hearing to the owners of the property within 200 feet from the parcel, to the addresses of the 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 the city. The failure of delivery of the notice shall not invalidate the public hearing.
(D) The Planning Commission shall, by resolution, recommend the approval, approval with modification, or disapproval of the application, and the secretary of the Planning Commission shall transmit the resolution to the City Council. On receipt of the recommendation of the Planning Commission, the City Council shall advertise and hold a public hearing on the proposed amendment or supplement.
(1) Notice shall be advertised by at least one publication in a newspaper of general circulation within the city, at least 30 days prior to the date of the public hearing. The notice shall state the date, place, and time of the hearing. Notice may also be given not less than 20 days prior to the date of the public hearing by posting notice on or near the parcel of land involved at places which will be conspicuous to the neighboring properties and to the public, or by such other means as the granting authority deems appropriate,
(2) If the proposed amendment or supplement intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be mailed by the Clerk of Council, by first class mail at least 20 days before the date of the public hearing to the owners of the property within and contiguous to and directly across the street from the parcel, to the addresses of the 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 the city. The failure of delivery of the notice shall not invalidate the public hearing.
(3) During the 30-day period prior to the public hearing, the text describing the proposed amendment, together with the plans and supporting documentation, shall be on file and available for review by the public, in the office of the City Manager.
(4) At or following the public hearing, the City Council shall act on the proposed amendment.
(E) When the recommendation of the Planning Commission is for disapproval of the proposed change or amendment, an affirmative vote of at least a majority plus one member of the City Council present shall be required for approval of the ordinance authorizing the change or amendment.
(F) Following disapproval by City Council of an application to amend the Zoning Code or map, no subsequent application requesting the same amendment shall be filed by any applicant, whether the same person, firm, or corporation, until the expiration of 12 months after the original or subsequent disapproval.
HISTORY: (Newly proposed; Formerly § 154.13(A); Ord. 2306, passed 2-23-82; Am. Ord. 2940, passed 4-26-94; Am. Ord. 2962, passed 11-22-94; Am. Res. 29-97, passed 8-12-97)