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(a) Applications. Applications for any change of district boundaries or classifications of property as shown on the Zoning District Map shall be submitted to the Director of Planning and Building at its public office, upon such forms and shall be accompanied by such data and information as may be prescribed for that purpose by the Municipal Planning Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each proposal for a zoning change shall be accompanied by a legal description and reproducible vicinity map to a scale of one inch equals 200 feet, or other scale as may be approved by the Director of Planning and Building, showing the property lines, streets, proposed zoning, land uses within 300 feet of the area proposed to be reclassified and location of structures and natural features on adjacent properties. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Proposals to amend, supplement or change the regulations, district boundaries or classification of property initiated by the Commission shall be accompanied by its motion pertaining to such proposed action.
(Ord. 09-2013. Passed 4-15-13.)
(b) Names and Addresses of Adjacent Property Owners. Any person or persons desiring a change in the zoning classification of property shall file with the application for such change, a statement giving the names and addresses of the owners of all properties lying within 200 feet of any part of the property of which the zoning classification is proposed to be changed.
(c) Introduction of Ordinance. Upon receipt of the application and supporting data required by subsections (a) and (b) hereof, the zoning change requested shall be set forth in ordinance form and shall thereafter be introduced in writing at a regular meeting of Council. The proposed ordinance, together with all supporting papers, shall be referred to the Commission for investigation and report.
(d) Action of Commission. The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified to Council within ten days after the Commission has taken its action.
Prior to making its recommendation, the Commission may request environmental impact studies, and may request and receive reports and studies from various local and state agencies and departments having jurisdiction over the property indicating whether any issues relating to or involving hazardous substances or environmental laws exist which would negatively impact the property under consideration.
(Ord. 83-94. Passed 4-10-95.)
(e) Public Hearing by Council. The report of the Commission shall be made within thirty days after the first regular Commission meeting following introduction of the ordinance by Council, and shall include a recommendation either:
(1) That the proposed amendment be adopted as submitted, or
(2) That the proposed amendment be revised in a specified manner and adopted, or
(3) That the proposed amendment be rejected.
If the Commission makes no report within thirty days, Council may proceed without such report. Upon receipt of the report of the Commission, Council shall fix a date for a public hearing on the amendment. Such hearing may be held on but not before the fourteenth day following the fixing of the date or on any day thereafter. Notice of the public hearing shall be published in the same manner as notices are published for public hearings on Council ordinances. If the amendment involves the zoning or rezoning of property, the notice of the public hearing shall be posted on the property to be zoned, or rezoned, at least ten days prior to the date of the City Council public hearing. During the period between the fixing of the date of the hearing and the date of the hearing, the text of the proposed amendment, together with any maps or diagrams referred to therein, shall be kept on file in the office of the Planning and Building Department for public examination during regular office hours. The availability of such materials shall be indicated in the published notice of the hearing.
(Ord. 01-2017. Passed 1-17-17.)
(f) Notice to Property Owners. If the rezoning application involves ten or less parcels of land, the Clerk of Council shall give notice of the time, place and purpose of the public hearing by mailing a first class mail notice not less than ten days prior to the date of the public hearing to owners of property within and contiguous to and directly across the street from such parcel or parcels. The failure to notify as provided in this section shall not invalidate any recommendation adopted hereunder.
(g) Action of Council. After receiving from the Commission certification of the recommendations on the proposed amendment and after holding the above public hearing, the Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Ordinance or the Zoning Map. The Council may, by a majority of all its members, adopt or reject the proposed amendment, with or without change.
(Ord. 59-80. Passed 9-8-80.)