The purpose of this article is to identify the procedures for
initiation and review of text and map amendments to this Zoning Ordinance
and provides standards for approval of the proposed amendments.
Proposed amendments to the text of the ordinance or Zoning Map
may be initiated by:
A. The City Commission by motion.
B. The Planning Commission by motion.
C. The Zoning Board of Appeals by motion.
D. Owner of a parcel, for that parcel; or someone else with approval
of the owner or under the terms of a purchase agreement, by application.
The Planning Commission shall hold a public hearing on any zoning
amendment initiated before action on the amendment is taken by the
City Commission.
A. Notice requirement. Notice of the public hearing shall be provided as required in §
7-21.07 of this chapter.
B. Additional notice requirement. In addition, mailed notice will be
provided to each electric, gas, and pipeline public utility company,
each telecommunication service provider, each railroad operating within
the district or zone affected, and the airport manager of each airport,
that registers its name and mailing address with the City Clerk for
the purpose of receiving the notice of public hearing.
C. Planning Commission hearing and recommendations. After conducting
the required public hearing, the Planning Commission shall make a
recommendation to approve or deny the proposed amendment to the chapter.
The Planning Commission shall transmit its recommendation along with
a summary of comments received at the public hearing.
Upon receipt of the recommendations of the Planning Commission,
the City Commission shall undertake consideration of the proposed
rezoning or text amendment.
A. If they wish to, the City Commission may hold a public hearing on the amendment. If they choose to hold a public hearing, the City Commission must meet the notice requirements outlined in §
7-21.07.
B. If the City Commission proposes any changes to the amendments they
may, at their option, send the changes back to the Planning Commission
for their review.
C. If a property owner submits a request to the City Clerk by certified
mail to be heard regarding a proposed amendment, the City Commission
must provide an opportunity for that person to speak on the amendment
prior to making a decision.
D. An amendment to the Zoning Ordinance requires approval by a majority
of the members of the City Commission, not just a majority of the
members attending the meeting.
E. Upon presentation of a protest petition meeting the requirements
of this subsection, an amendment to a zoning ordinance which is the
object of the petition shall be passed only by a 2/3 vote of the City
Commission. The protest petition shall be presented to the City Commission
before final legislative action on the amendment, and shall be signed
by one of the following:
(1)
The owners of at least 20% of the area of land included in the
proposed change.
(2)
The owners of at least 20% of the area of land included within
an area extending outward 100 feet from any point on the boundary
of the land included in the proposed change.
(3)
Publicly owned land shall be excluded in calculating the 20%
land area requirement.
F. Following adoption of the zoning amendment, one notice of adoption
shall be published in a newspaper of general circulation in the City
within 15 days of adoption. The notice shall include:
(1)
A summary of the regulatory effect of the amendment or the actual
text of the amendment.
(2)
The effective date of the ordinance. This date may be as few
as seven days after the publication of the ordinance.
(3)
The place and time where a copy of the ordinance may be purchased
or inspected.
In reviewing any proposed amendment, the Planning Commission
and City Commission shall consider the following:
A. In the case of a proposal to amend the Zoning Ordinance text, the
City shall find:
(1)
The change is necessary to clarify a provision of the ordinance;
(2)
The change is necessary to correct a mistake in the ordinance;
(3)
The change is necessary to implement a goal or policy of the
City Master Plan; or
(4)
The change is necessary to improve administration of the ordinance
or to better serve the community.
(5)
In addition to one or more of the above findings, the Planning
Commission must determine that the requested amendment is consistent
with the City Master Plan or that a mistake in the plan or changes
in conditions or City policy have occurred that are relevant to the
request. If the Planning Commission recommends approval of a request
that is not in compliance with the current plan due to a mistake or
change in conditions or policy, it shall immediately initiate an amendment
to the plan to address the identified mistake or change.
B. In the case of a proposed Zoning Map amendment (rezoning), the City
shall find one of the following:
(1)
The requested amendment is in compliance with the City Master
Plan or that a mistake in the plan or changes in conditions or City
policy have occurred that are relevant to the request. If the Planning
Commission recommends approval of a request that is not in compliance
with the current plan due to a mistake or change in conditions or
policy, it shall immediately initiate an amendment to the plan to
address the identified mistake or change.
(2)
The property cannot be reasonably used as it is currently zoned
and the proposed request represents the most suitable alternative
zoning classification based on the City Master Plan.