[R.O. 2009 §25-71; Ord. No. 2739 §43-94.1, 5-20-1985]
A. 
Text Amendments. An application for amendment to the written text of this Zoning Code may be filed in the Department of Planning and Development 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 Zoning Administrator by any other elected or appointed official of the City.
B. 
Rezoning. An application for a change in the zoning district designation as described by the official Zoning Map may be filed in the Department of Planning and Development, 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.
C. 
Simultaneous Filing Requirement. To expedite processing by the Planning and Zoning Commission and the Board of Aldermen, a copy of the application for amendment or rezoning shall be filed with the City Clerk/Administrator for transmittal to the Board of Aldermen simultaneously with the filing in the Department of Planning and Development.
[R.O. 2009 §25-72; Ord. No. 2739 §43-94.2, 5-20-1985]
A. 
The application for a zoning change or amendment shall be made on a form provided by the Department of Planning and Development. The application shall be signed by the applicant and shall state his/her name and address, as well as:
1. 
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.
2. 
Rezoning. An application for a Zoning Map change shall include a legal description of the property to be changed from one category to another, as well as a map or overlay on the existing map graphically describing the change.
B. 
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 Board of Aldermen and on file in the offices of the City Clerk/Administrator and the Department of Planning and Development.
[R.O. 2009 §25-73; Ord. No. 2739 §43-94.3, 5-20-1985]
A. 
An application for amendment or rezoning shall not be accepted by the Zoning Administrator if:
1. 
The request change does not comply with all the requirements of this Section and any regulation published pursuant hereto;
2. 
A previous application for rezoning the same property was approved or denied within three (3) months of this new application. The application shall be accepted, however, if the Zoning Administrator verifies that substantial new facts which warrant reapplication have been established.
B. 
An application for amendment or rezoning initiated by a member of the Board of Aldermen or the Planning and Zoning Commission may be accepted at any time regardless of the time limitations stated above. After the Zoning Administrator has accepted and filed an application for rezoning by a private person, the application may not be modified as to the area proposed to be rezoned or, as to the class of zone requested. However, the Zoning Administrator, the Planning and Zoning Commission or the Board of Aldermen may, at their discretion, allow such modification.
[R.O. 2009 §25-74; Ord. No. 2739 §43-94.4, 5-20-1985; Ord. No. 2893 §1, 11-2-1987; Ord. No. 3366 §1, 11-21-1994]
A. 
Zoning Administrator. The Zoning Administrator shall receive the application and determine that it complies with all applicable submission requirements prior to forwarding the application to the Commission. All applications shall be received by the Zoning Administrator at least ten (10) calendar days prior to the next regularly scheduled meeting of the Commission to allow submission to the members of the Commission at least five (5) days prior to the meeting. Applications received by the Zoning Administrator later than ten (10) days prior to the meeting shall not be considered by the Commission until the following regularly scheduled meeting, unless a special meeting is held at the applicant's request and expense. The cost of a special meeting shall be established by the Board of Aldermen.
B. 
The Planning And Zoning Commission. The Commission shall consider the application and decide whether to recommend approval. Within seventy (70) days after receipt of the application from the Zoning Administrator, the Commission shall transmit a report and recommendations to the Board of Aldermen; provided however, that the Commission shall transmit its report and recommendation regarding streets, public facilities and public utilities within sixty (60) days of official submission. If the Commission fails to transmit a report and recommendations to the Board of Aldermen within this time period or as extended for good cause by the Commission, the Board of Aldermen shall consider the application recommended for approval by the Commission.
C. 
Public Hearing. The Board of Aldermen shall hold a public hearing on the application and notice of said public hearing shall be given by appropriate officials of the City as provided in Section 400.150. No application for amendment or rezoning may be approved until after such public hearing is held.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (D), Board Of Aldermen, was repealed 8-15-2016 by Ord. No. 4723 § 1.
[Ord. No. 4723 § 2, 8-15-2016]
In case a timely protest against a proposed zoning district classification amendment or zoning regulation amendment is presented, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such change 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, said amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the Board of Aldermen. Protest petitions must be filed with the City Clerk not later than 4:00 P.M. on the seventh day following the date advertised for the start of the public hearing before the Board of Aldermen.