[CC 2001 §405.845; Ord. No. 856 §12.15(1), 6-11-1987]
A.
The
Board of Aldermen shall have the authority to amend, supplement, change,
modify or repeal by code the text or map of the Zoning Code in accordance
with the provisions of this Section.
1.
Text amendments. An application for amendment to
the written text of this Zoning Code may be filed in the office of
the City Clerk for consideration by the Commission and the Board of
Aldermen. Such application may be initiated by any member of the Board
of Aldermen or the Commission or filed with the City Clerk by any
other elected or appointed official of the City.
2.
Rezoning. An application for a change in the zoning
district designation as described by the official Zoning Map may be
filed in the office of the City Clerk for consideration by the Commission
and the Board of Aldermen. Such application may be filed by any member
of the Board of Aldermen, the Planning and Zoning Commission, or the
Board of Adjustment, by any other appointed or elected official of
the City, or by any person with financial, contractual, or proprietary
interest in the property to be included in the proposed change of
zoning.
[CC 2001 §405.850; Ord. No. 856 §12.15(2), 6-11-1987]
A.
The
application shall be made on a form provided by the City Clerk. Said
application shall be signed by the applicant and shall state name
and address, as well as:
1.
Text amendments. An application for an amendment
to the text of this code shall set forth the new text to be added
and existing text to be deleted.
2.
Rezoning. An application for a zoning for a Zoning
Map change shall include:
a.
A legal description of the property.
b.
A scaled map of the property, correlated with the legal description,
and clearly showing the property's location.
c.
The name and address of the petitioner.
d.
The petitioner's interest in the property and, if the petitioner
is not the owner, the name and address of the owner(s).
e.
Date of filing with the City Clerk.
f.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy
of the required information.
g.
The present and proposed zoning.
h.
A complete list of the names and addresses of all property owners
within one hundred eighty-five (185) lineal feet of any point of the
property, including those property owners across street rights-of-way
and railroad rights-of-way.
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An application for either a text amendment or rezoning shall
comply with and be in accordance with the format and procedures governing
the same as adopted by the Planning and Zoning Commission. In all
cases where an application is initiated by a private party, the application
shall be accompanied by the fee established by the City Clerk and
on file in the offices of the City Clerk.
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[CC 2001 §405.855; Ord. No. 856 §12.15(3), 6-11-1987]
A.
All
such applications shall be set down for hearing before the Commission
not later than the second (2nd) regular monthly meeting of the Commission
from the date of filing the same. Any such hearing may, for good cause
at the request of the applicant or in the discretion of the Commission,
be continued. At least fifteen (15) days' notice of the time and place
of such hearing shall be published in an official newspaper or a newspaper
of general circulation within the City.
1.
The City will be responsible for notifying by mail all property owners
within the City limits whose property lies within one hundred eighty-five
(185) lineal feet of that which has been requested to be rezoned.
Such notice shall be postmarked at least fifteen (15) days prior to
the hearing.
2.
Upon the final hearing of such application, the Commission shall
approve or deny the same and report of its action, together with a
recommendation for final approval or denial, shall be made by the
Commission to the Board of Aldermen.
3.
Before acting upon any application for amendment, the Board of Aldermen
shall set a time and place for a hearing thereon, and at least fifteen
(15) days' notice of the time and place of such hearing shall be published
in a paper of general circulation in the City.
The Board of Aldermen may refer the application back to the
Planning and Zoning Commission for additional study before final decision;
however, no notice other than for the first (1st) public hearing need
be given.
[CC 2001 §405.860; Ord. No. 856 §12.15(4), 6-11-1987]
A.
In
reviewing any petition for a zoning amendment, the Planning and Zoning
Commission shall identify and evaluate all factors relevant to the
petition and shall report its findings in full, along with its recommendations
for disposition of the petition, to the Board of Aldermen. The facts
to be considered by the Commission shall include, but not be limited
to, the following:
1.
How the proposed amendment would conform to the Comprehensive Plan;
2.
Why the existing zoning district classification of the property in
question is inappropriate or improper;
3.
What major economic, physical or social changes, if any, have occurred
in the vicinity of the property in question that were not anticipated
by the Comprehensive Plan and have substantially altered the basic
character of the area, which make the proposed amendment to the Zoning
District Map appropriate.
[CC 2001 §405.865; Ord. No. 856 §12.15(5), 6-11-1987]
In assessing the relevance or acceptability of a rezoning application, the burden of proof in justifying the request under the criteria outline in Section 405.860 shall rest with the applicant, both before the Planning and Zoning Commission as well as the Board of Aldermen.
[CC 2001 §405.870; Ord. No. 856 §12.15(6), 6-11-1987]
A.
Confirming Planning And Zoning Commission Recommendation. All text amendments and amendments to the Zoning Map, as described
herein, shall require only a simply majority vote by the Board of
Aldermen in those instances where the recommendation of the Planning
and Zoning Commission is in favor of the request.
B.
Overruling Planning And Zoning Commission Recommendation. In those instances where the Planning and Zoning Commission recommends
denial of the request, a two-thirds (2/3) majority vote of the Board
of Aldermen shall be required to reverse the recommendation of said
Commission.
C.
Citizen Protests. In case a protest against such revision
or amendment is presented, duly signed, notarized and acknowledged
by the owners of more than thirty percent (30%) of the areas of the
land (exclusive of streets and alleys) included in such proposed change,
or thirty percent (30%) of the owners within an area determined by
lines drawn parallel to and one hundred eighty-five (185) feet distance
from the boundaries of the district proposed to be changed, such revision
or amendment shall not become effective except by the favorable vote
of two-thirds (2/3) of all the members of the Board of Aldermen.
D.
Approval Of Rezoning Portion Of Property. The Planning and
Zoning Commission may recommend that a petition for a change of zoning
district classification be approved or denied for all or part of the
property described in the petition. The Board of Aldermen may enact
by code such a partial granting of a petition for a change in zoning
district classification.
E.
Approval Of Different Classification. The Planning and Zoning
Commission may recommend and the Board of Aldermen may enact by code
a zoning district classification other than that requested in the
petition, provided that the recommendation or code is for a district
classification of the same use type as that requested by the petitioner.
District classification of the same type as referred to in this Section
shall include the "PD" Planned District when a petitioner proposes
a particular use and presents plans at or prior to the public hearing
which are substantially similar to those required by the "PD" rezoning
procedures respectively.
[CC 2001 §405.875; Ord. No. 856 §12.15(7), 6-11-1987]
Any amendment request, regardless of its source of initiation,
may be withdrawn from consideration at any point in the approval process
prior to final action on the request by the Board of Aldermen.
[CC 2001 §405.880; Ord. No. 856 §12.15(8), 6-11-1987]
In the event that any application to amend the Zoning Map is
denied on final review by the Board of Aldermen, reapplication for
the purposes of further review of the same application shall not be
accepted by the City until twelve (12) months following the date of
final action on the original application has elapsed, unless it can
be shown to the satisfaction of the Planning and Zoning Commission
that substantial new evidence not available during review of the original
application will be presented.
