[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.
[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.