(a) Hearing Before and Recommendations of Planning Commission. The Planning Commission shall review during public hearings all proposed amendments to this Zoning Ordinance or the Zoning District Map initiated pursuant to Section 1109.01(a), (b) or (c) and make recommendations to Council on each proposed amendment pursuant to the following procedures:
(1) Setting hearing date. Upon the initiation of an amendment to this Zoning Ordinance or the Zoning District Map, the secretary of the Planning Commission shall fix a date for a public hearing before the Planning Commission for review of the proposed amendment.
(2) Publication of notice of hearing. Notice of the hearing before the Planning Commission shall be published once in one or more newspapers of general circulation in the City, at least seven days prior to the date fixed for the hearing. The notice shall include the place, time and date of the hearing and the nature of the proposed amendment. Failure of a newspaper to accurately or timely publish a properly submitted notice does not invalidate adoption of the proposed amendment as an amending ordinance.
(3) Notice to property owners. A notice containing the information required by subsection (a)(2) hereof shall be sent by first class mail to all property owners within, contiguous to or directly across a street from the area which is the subject of the proposed amendment, not less than seven days prior to the date fixed for the initial hearing. Failure of any such property owners to receive mail notice does not invalidate adoption of the proposed amendment as an amending ordinance.
(4) Notice to State Director of Transportation. The secretary of the Planning Commission shall give notice by registered or certified mail to the State Director of Transportation of the initiation of any proposed amendment that:
A. Affects any land within 300 feet of a proposed new highway; or
B. Affects any land within 300 feet of any proposed changes to a highway as described in certification to local officials by the State Director of Transportation; or
C. Affects any land within 500 feet from a proposed intersection of such a new highway and any existing public road or highway.
D. If the Director of Transportation's response is negative, the Planning Commission will stay their proceedings until the reason for the negative response is resolved.
(5) Hearing. In reviewing the proposed amendment and arriving at its recommendation, the Planning Commission shall consider the following factors:
A. Compatibility of the amendment sought with the use of adjacent land, adjacent zoning and with land use plans for the general area.
B. Impact of the adoption of an amendment sought on motor vehicle access and traffic flow in the general area.
C. Impact of the adoption of the proposed amendment upon the public health, safety and general welfare of the residents of the City.
D. Impact of the adoption of the proposed amendment on available public facilities, general expansion plans of the City, and the City's schedule for improvement of capital facilities.
(6) Recommendations. Within a reasonable time following the last public hearing on the proposed amendment the Planning Commission shall make one of the following recommendations to Council:
A. That the proposed amendment be adopted.
B. That the proposed amendments be adopted with modifications recommended by the Planning Commission.
C. That the proposed amendment not be adopted.
(b) Hearings Before and Consideration of Council. Council shall consider at public hearings all proposed amendments to this Zoning Ordinance and the Zoning District Map and the recommendations of the Planning Commission concerning proposed amendments, and act on the proposed amendments and recommendations, pursuant to the following procedures:
(1) Setting hearing date. Following receipt of the recommendation of the Planning Commission, the Chair of Council or designee shall fix a date for a public hearing before Council for consideration of the amending ordinance. The amending ordinance shall be introduced at a regular meeting of Council.
(2) Publication of notice of hearing. Notice of the hearing before Council shall be published once in one or more newspapers of a general circulation in the City at least 15 days prior to the date fixed for the hearing. The notice shall include the place, time and date of the hearing and the nature of the amending ordinance. Failure of a newspaper to accurately or timely publish a properly submitted notice shall not invalidate adoption of the amending ordinance.
(3) Notice to property owners. A notice containing the information required by subsection (b)(2) hereof shall be sent by first class mail to all property owners within, contiguous to or directly across a street from the area which is the subject of the proposed amendment, not less than 15 days prior to the date fixed for the public hearing. Failure of any such property owners to receive mail notice shall not invalidate adoption of the amending ordinance.
(4) Hearing. At the time fixed for the public hearing, Council shall allow testimony from all persons interested in the proposed amendment. Council may consider the proposed amendment notwithstanding the failure of the Planning Commission to make one of the recommendations required by Section 1109.03
(a)(6).
(Ord. 01-81. Passed 1-15-02; Ord. 2015-05. Passed 2-17-15.)