[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]
A.
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.
1.
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.
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 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.
B.
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]
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. The application shall
be accompanied by a fee as set forth in Appendix A, included as an
attachment to this Chapter.
C.
Limitations Of Filing.
1.
Conditions For Acceptance Or Denial
Of Application.
a.
An application for amendment or rezoning
shall not be accepted by the City:
(1)
If the requested change
does not comply with all the requirements of this Section and any
regulation adopted pursuant hereto; or
b.
The application shall be accepted,
however, if the Commission verifies that substantial new facts or
change in circumstances warrant reapplication.
2.
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.
3.
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.
D.
Review Procedure.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
a.
The character of the neighborhood.
b.
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.
c.
The extent to which the proposed
use facilitates the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements.
d.
The suitability of the property for
the uses to which it has been restricted under the applicable zoning
district regulations.
e.
The length of time, if any, the property
has remained vacant as zoned.
f.
The extent to which the proposed
use will negatively affect the aesthetics of the property and neighboring
property.
g.
The extent to which the proposed
use will seriously injure the appropriate use of, or detrimentally
affect, neighboring property.
h.
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.
i.
The extent to which the proposed
use will create excessive stormwater runoff, air pollution, water
pollution, noise pollution or other environmental harm.
j.
The extent to which the proposed
use will negatively affect the values of the property or neighboring
properties.
k.
The extent to which there is a need
for the use in the community.
l.
The economic impact of the proposed
use on the community.
m.
The ability of the applicant to satisfy
any requirements applicable to the specific use imposed pursuant to
this Chapter.
n.
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.
o.
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.
p.
The conformance of the proposed use
to the Comprehensive Plan and any other adopted planning policies.
q.
The recommendation of professional
staff/consultants.
r.
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.
