[R.O. 1996 § 405.420; Ord. No. 338 Art. XI § A, 11-14-1991]
The Board of Aldermen may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Chapter, amend district boundary lines, provided that in all mandatory orders adopted under the authority of this Section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to be the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such mandatory order.
[R.O. 1996 § 405.430; Ord. No. 338 Art. XI § B, 11-14-1991; Ord. No. 837 § 1, 7-13-2017]
Requirements. The Board of Aldermen may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions established in this Chapter.
Text Amendments. An application for amendment to the written text of this Zoning Code may be filed with 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.
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 Zoning Administrator for consideration by the Commission and the Board of Aldermen. Such application may be filed by any member of the Board of Aldermen, the 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.
Application And Submission Requirements. The application shall be made on a form provided by the City Clerk and shall comply with and be in accordance with the format and procedures governing same as adopted by the Commission. Said application shall be signed by the applicant and shall state the applicant's name and address, as well as:
[Ord. No. 874, 8-9-2018]
Text Amendments. An application for an amendment to the text of this Chapter shall set forth the new text to be added and existing text to be deleted. The application shall be accompanied by a fee as set forth in Appendix A, included as an attachment to this Chapter.
An application for a Zoning Map change shall include a legal description of the property to be changed from one (1) category to another, as well as a map or overlay on the existing map graphically describing said change.
Limitations Of Filing.
Conditions For Acceptance Or Denial Of Application.
An application for amendment or rezoning shall not be accepted by the City:
If the requested change does not comply with all the requirements of this Section and any regulation adopted pursuant hereto; or
The application shall be accepted, however, if the Commission verifies that substantial new facts or change in circumstances warrant reapplication.
An application for amendment or rezoning initiated by the Board of Aldermen or the Commission may be accepted at any time regardless of the time limitations stated above.
After the City has accepted and filed an application for rezoning by a person with a financial, contractual or proprietary interest, the application may not be modified as to the area proposed to be rezoned, or as to the class of zone requested, unless the Commission and the Board of Aldermen allow such modification.
City Staff/Consultant. The City Clerk shall receive the application and determine, after consulting with the City's professional staff/consultants, within twenty-one (21) days, whether it complies with all applicable submission requirements. If the application so complies, copies thereof shall be forwarded to the Commission and the Board of Aldermen, including therein any recommendation to approve, disapprove, modify or conditionally approve the application. If the application is deficient, the applicant shall be notified and granted an additional twenty-one (21) days to complete same.
Planning And Zoning Commission. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its recommendations and report. The Commission shall consider the application and decide whether to recommend approval. In the event that the Commission fails to transmit a recommendation to the Board of Aldermen within a reasonable time, the Board of Aldermen may consider the application as having been recommended for approval by the Commission.
Public Hearing. The Board of Aldermen shall set a date for a public hearing on the application, and notice thereof shall be given as provided in this Chapter. No application for amendment or rezoning may be approved until after such hearing is held.
Determination By The Board Of Aldermen. In the case of an adverse report by the Commission, or if a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land exclusive of streets, places and alleys, included within such proposed amendment, supplement, change, modification or repeal, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
Criteria For Considering Applications. In considering any application for rezoning, the Commission and the Board of Aldermen may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The Commission and Board of Aldermen also may consider other factors that may be relevant to a particular application.
The character of the neighborhood.
The existing and any proposed zoning and uses of adjacent properties, and the extent to which the proposed use is compatible with the adjacent zoning and uses.
The extent to which the proposed use facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations.
The length of time, if any, the property has remained vacant as zoned.
The extent to which the proposed use will negatively affect the aesthetics of the property and neighboring property.
The extent to which the proposed use will seriously injure the appropriate use of, or detrimentally affect, neighboring property.
The extent to which the proposed use will adversely affect the capacity or safety of the portions of the street network impacted by the use, or present parking problems in the vicinity of the property.
The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.
The extent to which the proposed use will negatively affect the values of the property or neighboring properties.
The extent to which there is a need for the use in the community.
The economic impact of the proposed use on the community.
The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this Chapter.
The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use.
The gain, if any, to the public health, safety and welfare due to approval of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
The conformance of the proposed use to the Comprehensive Plan and any other adopted planning policies.
The recommendation of professional staff/consultants.
The consistency of the proposed use with the permitted uses and the uses subject to conditions in the district in which the proposed use is located.