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Section 27.1. PROCEDURES.
This ordinance and the zoning map associated with this ordinance may be amended from time to time. The purpose of this Article is to prescribe the manner in which changes may be made in the text of the zoning ordinance (zoning text amendment), and the process for amending or changing the city’s official zoning map (rezoning). This procedure is intended to conform to minimum requirements of state law and to afford opportunity for review of proposed changes by the public. The City Council shall have jurisdiction with respect to all zoning text amendments and rezoning. With that said, no amendment shall become effective unless it shall have been proposed by or shall have been first submitted to the Planning and Zoning Commission for review and recommendation.
The Planning and Zoning Commission shall have forty-five (45) days in which to submit its report to the City Council. If the commission fails to submit a report within the forty-five (45) day period, it shall be deemed to have approved the proposed amendment. The Planning and Zoning Commission shall hold a public hearing on each application for a text amendment or rezoning. A notice of such public hearing shall be published no less than seven (7) days and no more than twenty (20) days, according to State statute, prior to the date established for such hearing. Such notice shall include the time and place of the public hearing. At the public hearing, the Planning and Zoning Commission shall review the text amendment or the rezoning proposal and shall receive pertinent evidence relating to consistency with the objectives of this ordinance. The Planning and Zoning Commission shall determine whether the change is consistent with the objectives of this ordinance, and shall recommend to the City Council the text amendment or rezoning be approved, approved with modifications or changes, or denied.
Not more than 30 days following receipt of the recommendation of the Planning and Zoning Commission, the City Council shall hold at least one public hearing on the text amendment or a rezoning request. A notice of such public hearing shall be published no less than seven (7) days and no more than twenty (20) days, according to State statute, prior to the date established for such hearing. Such notice shall include the time and place of the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled City Council meeting following the published notice. Additionally, a notice of public hearing shall be given to the owners and residents of property within the area included in such proposed change, and to property owners within two hundred feet (200’) of the property for which the change is requested through ordinary mail at least seven (7) days prior to the hearing. In the event there is more than one property owner for any parcel of property, it shall be sufficient to notify only one owner of each parcel by ordinary mail. Within 30 days following the closing of a public hearing, the City Council shall make a specific finding as to whether the change is consistent with the objectives of this ordinance. If the
City Council finds that the change is consistent, it shall adopt an ordinance amending the text of the zoning regulations or amending the zoning map, whichever is appropriate. If the City Council finds that the change is not consistent, it shall deny the application. The City Council shall not modify a recommendation of the Planning and Zoning Commission on a rezoning or change until it has requested and considered a report of the Commission on the modification.
Section 27.2. INITIATION.
Requests for rezoning of property or zoning text amendments may be initiated by one of the following three ways:
- The Planning and Zoning Commission may initiate a text amendment or rezoning request.
- The City Council may initiate a text amendment or rezoning request.
- The owner or the authorized agent of the owner of property may initiate a text amendment or rezoning request by filing a rezoning or text amendment application with the Zoning Administrator. If the property for which a rezoning request is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.
Section 27.3. APPLICATION FOR CHANGE IN ZONING DISTRICT BOUNDARIES.
Applications for rezoning requests shall be filed with the Zoning Administrator on a form provided by the City, and shall include the following data and maps:
Each application shall be filed and accompanied by a fee as determined by resolution by the City Council. Failure to approve the requested rezoning or text amendment shall not be deemed cause to refund the fee to the applicant.
- The name and address of the owner and applicant.
- The legal description and local address of the property.
- If the applicant is not the legal owner of the property, statement that the applicant is the authorized agent of the owner.
- The present zoning classification and the zoning classification requested for the property.
- The existing use and proposed use of the property.
- The names and addresses of the owners of all property within two hundred feet (200’) of the property for which the change is requested.
A statement of the reasons why the applicant feels the present zoning classification is no longer appropriate.
A site plan showing existing and proposed locations, dimensions and use of the applicant’s property and all property within two hundred feet (200’) thereof, including streets, alleys, railroads, and other physical features.
Upon receipt of the application by the Zoning Administrator a copy shall be forwarded immediately to the Planning and Zoning Commission for study and recommendation. The Commission shall, prior to making a recommendation, determine the following:
- Whether or not the current district classification of the property to be rezoned is valid.
- Whether there is a need for additional land zoned for the purpose requested.
- Whether the proposed change is consistent with the current land use plan.
- Whether there is intent on the part of the applicant to develop the property to be rezoned diligently and within a reasonable time.
- The Zoning Administrator or Planning and Zoning Commission may require additional information or maps if they deem it necessary to determine whether the change is consistent with the objectives of this ordinance.
Section 27.4. PROTEST PROVISION.
In case the Planning and Zoning Commission does not approve the change, or in a case of a protest filed with the City Council against a change in district boundaries signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent thereto and within two hundred feet (200’) of the boundaries thereof, such amendment shall not be adopted except by the favorable vote of four-fifths (80%) of all members of the City Council, even in the instance of absentee members or during conflicts of interest.
Section 27.5. NEW APPLICATION.
Whenever an application requesting a change in zoning classification is denied by the City Council such application cannot be refiled for one (1) year thereafter unless it is signed by at least fifty percent (50%) of the property owners located within two hundred feet (200’) of the property proposed for such rezoning. This provision, however, shall not prevent the City Council from acting on its own initiative in any case or at any time with regard to rezoning.