[CC 1976 App. A §12.01; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
The City Council shall have the authority to amend, supplement,
reclassify, change, modify, or repeal by ordinance the text or map
of the Zoning Code in accordance with the provisions of this Article.
Amendment, supplement, reclassification, change, modification or repeal
may be initiated by resolution of intention by the Planning and Zoning
Commission or City Council or by verified application of one (1) or
more of the owners or authorized representatives of the owners of
the property within the area proposed to be changed. Such resolution
of intention or verified application shall hereinafter be referred
to as the "proposed zoning amendment".
[CC 1976 App. A §12.02; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord.
No. 2003-11 §1, 2-24-2003]
A.
Resolution Of Intention. Whenever a proposed zoning amendment
is initiated by a resolution of intention of either the Planning and
Zoning Commission or City Council, the resolution shall be filed with
the City Clerk with a copy to the Director of Public Works and contain
the following information:
B.
Verified Application. Whenever the proposed zoning amendment
is initiated by verified application, the application shall be filed
with the City Clerk with a copy to the Director of Public Works and
contain the following:
1.
In the case of textual change, the proposed new text indicating existing
text to be deleted and new text to be added.
2.
In the case of Zoning Map change, the application shall include:
a.
A legal description and locator number 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) and the written
consent of the owner(s).
e.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy
of the required information.
f.
The present and proposed zoning designation and reasons for the proposed
change.
g.
A complete list of the names and addresses of all property owners
of record as of the date of filing the application within three hundred
(300) lineal feet (exclusive of streets, alleys and other rights-of-way)
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 verified application,
the application shall be accompanied by a fee of one hundred fifty
dollars ($150.00).
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[CC 1976 App. A §12.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
A.
Before Planning And Zoning Commission.
1.
Upon receipt or adoption of a resolution of intention or an application
for a proposed zoning amendment, the Commission shall set a public
hearing, to be held not later than the second (2nd) 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 a newspaper
of general circulation within the City and a paper authorized to publish
legal notices.
2.
If the proposed zoning amendment is to the Zoning Map and is initially
proposed by verified application, the applicant shall be responsible
for notifying, by registered or certified mail, all property owners
within the City limits whose property lies within three hundred (300)
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.
Evidence of this required notice, including either copies of the mail
return cards or the certified or registered mail receipts, shall be
submitted, along with a sample copy of the notice, to the Director
of Public Works for record purposes at least three (3) days prior
to the public hearing.
3.
Upon conclusion of the public hearing regarding such proposed zoning
amendment, the Commission shall approve, deny, or approve in part
and deny in part such proposed zoning amendment and a report of its
action, together with a recommendation for final approval or denial,
shall be made by the Commission to the City Council.
B.
Before The City Council. Before acting upon any proposed
zoning amendment, the City Council shall set a time and place for
public hearing thereon, and at least fifteen (15) days' notice of
the time and place of such hearing shall be published in a newspaper
of general circulation within the City. The City Council may refer
the proposed zoning amendment back to the Planning and Zoning Commission
for additional study before final decision; however, no notice other
than for the initial public hearing need be given.
[CC 1976 App. A §12.04; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
In assessing the relevance or acceptability of a proposed zoning
amendment submitted upon verified application, the burden of proof
in justifying the request shall rest with the applicant, both before
the Planning and Zoning Commission and the City Council.
[CC 1976 App. A §12.05; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord.
No. 2542 §2, 12-11-1989]
A.
Confirming Planning And Zoning Commission Recommendation. All text amendments and amendments to the Zoning Map, as described herein, shall require only a simple majority vote by the City Council in those instances where the recommendation of the Planning and Zoning Commission is in favor of the request and where a citizen protest has not been filed as discussed in Subsection (C) herein.
B.
Overruling The Planning And Zoning Commission Recommendation. In those instances where the Planning and Zoning Commission recommends
denial of the request, a two-thirds (⅔) majority vote of the
entire City Council shall be required to reverse the recommendation
of said Commission.
C.
Protest By Nearby Property Owners To Decision. In case a
protest against such proposed zoning amendment is presented, duly
signed, notarized, and acknowledged by the owners of thirty percent
(30%) or more of the areas of the land (exclusive of streets and alleys)
included in such proposed zoning amendment or of the owners of thirty
percent (30%) or more of the land 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 proposed
zoning amendment shall not become effective except by the favorable
vote of two-thirds (⅔) of all the members of the City Council.
A notice of protest must be filed within ten (10) days following the
Planning and Zoning Commission's decision, be in writing, filed with
the City Clerk, and accompanied by the signature and addresses of
the property owners opposed to such proposed zoning amendment. The
notice of protest shall include a notarized verification from the
person(s) collecting the protestants' signatures that all signatures
are correct and genuine. The protest shall specifically state how
the application, as initially filed or subsequently modified, fails
to meet the criteria set forth in this Article.
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 proposed zoning amendment. The City Council
may enact by ordinance such a partial granting of a proposed zoning
amendment for a change in Zoning District classification.
E.
Approval Of Different Classification. The Planning and Zoning
Commission may recommend and the City Council may enact by ordinance
a Zoning District classification other than that requested in the
proposed zoning amendment, provided that the recommendation or ordinance
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 1976 App. A §12.06; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
Any request for withdrawal of a legally filed proposed zoning
amendment to the Overland Zoning Code may be denied, approved with
prejudice, or approved without prejudice by the Planning and Zoning
Commission if the Commission has not yet submitted its recommendations
to the City Council, or by the City Council if the Council has already
received the Planning and Zoning Commission's recommendation but has
not yet taken final action with respect to the proposed zoning amendment.
Such request must be made in writing.
[CC 1976 App. A §12.07; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
In the event that any proposed zoning amendment to the Zoning
Map is denied on final review by the City Council, reapplication for
the purposes of further review of the same or a substantially similar
proposed zoning amendment 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.
[CC 1976 App. A §12.08; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
A newly annexed area will retain the City Zoning District equivalent
of its County zoning designation until the City zoning process is
completed.
