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Whenever the public necessity, convenience, general welfare and good zoning practice require it, Council may, after a public hearing and a report thereon by the City Development Commission, and subject to the procedure provided in this chapter, amend, supplement or change this Zoning Code, zoning district boundaries or classifications of property now or hereafter established by this Zoning Code.
(Ord. 4320. Passed 11-15-93.)
(a) Amendments to this Zoning Code may be initiated by adoption of a motion of the City Development Commission or by adoption of a resolution by Council.
(b) Proposed changes of district boundaries or classifications of property as shown on the Zoning Map may be initiated by the filing of an application by at least one of the owners or authorized representatives of the owners of the property within the area proposed to be changed or affected by said amendment.
(c) Applications for district changes shall be submitted to the Clerk of Council, upon such forms as may be prescribed, which shall contain at least the following information:
(1) The name, address and telephone number of applicant;
(2) The present use of the proposed property;
(3) The present zoning district of affected property;
(4) The proposed use of affected property;
(5) The proposed zoning district of affected property; and
(6) Verification from at least one of the owners of the properties in the affected area, attesting to the truth and correctness of all facts and information presented with the application.
(d) The following information shall be required to be filed along with an application for a district change:
(1) Fifteen copies of a vicinity map, at a scale approved by the Code Enforcement Officer, showing property lines, thoroughfares, existing and proposed zoning, existing and proposed buildings and uses, utility lines and easements, and such other items as may be required by the Code Enforcement Officer;
(2) A list of all property owners who are within, contiguous to or directly across the street from the parcel(s) proposed to be rezoned, with their mailing addresses, and others who may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned;
(3) A statement on how the proposed amendment relates to the Comprehensive Plan; and
(4) A fee as established by Council.
(Ord. 4320. Passed 11-15-93.)
Immediately after the adoption of a resolution by Council or the filing of an application by a representative or owner of property, said resolution or application shall be transmitted by the Clerk of Council to the City Development Commission.
(Ord. 4320. Passed 11-15-93.)
(a) Upon receipt of the Council resolution or a proper application, the City Development Commission shall set a date for a public hearing to gather public comments on the proposed changes. Said public hearing shall be scheduled no later than forty-five days after receipt of the resolution or application.
(b) Prior to the public hearing, notice of the hearing shall be published at least once in a newspaper of general circulation in the area. The notice shall state the nature of the proposed amendment to the Zoning Map or Code, the time and place of the hearing and times at which related information, including any text or maps, may be examined.
(c) In addition to the published notice, the Commission shall also give notice to all property owners within 300 feet of the lot or other area involved. For owners of property within, contiguous to and directly across from the affected property, such notice shall be sent by certified mail to the last known address of the property owner. For all other property owners, the notice s hall be sent by first class mail. Such notice shall be mailed at least ten days prior to the date of the public hearing. The failure to deliver such notification shall not invalidate the process or the proposed amendment. If more than ten parcels of land are to be re-zoned or are directly affected by the proposed amendment, mailed notices shall not be required.
(Ord. 4320. Passed 11-15-93; Ord. 4968. Passed 5-6-02.)
(a) Within thirty days after completion of the required public hearing, the City Development Commission shall make a recommendation to Council concerning the
proposed amendment or district change.
(b) As a general policy, the Commission shall not recommend favorably on any application for district change which would result in a total contiguous area of less than the minimum acreage specified in Section 1139.03(d). In addition, any amendment for district change shall not receive a favorable recommendation unless one or more of the following conditions exist:
(1) There has been a substantial change in area conditions.
(2) There is a legitimate requirement for additional land area for the particular zoning district.
(3) There is indicated a manifest error in the original zoning designations.
(4) The change is in accordance with, and in more appropriate conformance to, the Willard Comprehensive Development Plan.
(c) In making its recommendation, the Commission may recommend that the amendment be approved as proposed, or it may recommend approval with modification or it may recommend that the amendment be not approved. These recommendations shall then be certified to Council.
(Ord. 4320. Passed 11-15-93.)
(a) Upon receipt of the recommendation of the City Development Commission, Council shall schedule a public hearing not later than forty-five days from the receipt of the Commission's recommendation.
(b) Prior to the public hearing, notice of the hearing shall be given in the same manner and shall contain the same information as specified in Section 1137.04(b) and (c), except that the published notice shall be published at least thirty days prior to the hearing, and the mailed notice shall be mailed at least twenty days prior to the hearing.
(Ord. 4320. Passed 11-15-93.)
Within sixty days after completion of the public hearing, Council shall, by ordinance either adopt or deny the recommendation of the City Development Commission or adopt some modification thereof. In the event the Council denies or modifies the recommendation of the Commission, it must do so by not less than five-sevenths of the full membership of Council in order for the ordinance to take effect.
(Ord. 4320. Passed 11-15-93.)