[Ord. No. 11062017A, 11-6-2017[1]]
A.
Authority. The Board of Aldermen may, by ordinance, amend, supplement, change, modify or repeal Chapter 400: Zoning Regulations and the zoning district boundaries.
B.
Initiation
Of Amendments. Zoning map amendments may be initiated by the Board
of Aldermen, the Planning Commission or upon application by the owner
of a property proposed to be affected. Text amendments may be initiated
by the Board of Aldermen or the Planning Commission.
C.
Pre-Application
Meeting. Prior to filing of an application for a zoning map amendment,
the applicant must present a sketch plan of the proposed boundary
of the map amendment to the City Planner at a pre-application meeting
and a written description of the justification for approval of the
application.
D.
Applications.
When the owner of the property affected initiates an amendment to
the district boundaries, an application for such amendment must be
obtained from the City Planner. The application must be completed
in its entirety and filed with the City Planner so that a public hearing
date can be established.
E.
Submission
Requirements. Five (5) copies of the map amendment shall be submitted
in support of the application.
F.
Memorandum
Of Understanding. A memorandum of understanding (MOU) may be required
by the City for any zoning map amendment request.
[Ord. No. 11062017A, 11-6-2017]
Any application for amendment may be withdrawn upon receipt
by the City Planner of written notice from the applicant at any point
in the review process, but prior to the final action on the application
by the Board of Aldermen. Such withdrawal of an application shall
not entitle the applicant to a refund of any required fees, nor shall
any fees paid be credited to a future application for amendment.
[Ord. No. 11062017A, 11-6-2017]
A.
Planning
Commission Public Hearing. All proposed text and map amendments must
be submitted to the Planning Commission for review and recommendation.
The Planning Commission must hold a public hearing on the application.
The public hearing must be held at the next regular meeting of the
Planning Commission for which the application may be scheduled given
public notice deadlines, unless the applicant has consented to an
extension of this time period. The City Planner or other appointed
official as designated by the Planning Commission must give written
notice of the hearing and prepare a written summary of the proceedings.
B.
Planning
Commission Recommendation Upon conclusion of the public hearing, the
Planning Commission will submit a recommendation to the Board of Aldermen
to approve, approve with modifications or deny the proposed amendment.
If no majority vote of the full membership of the Planning Commission
can be obtained on a recommendation to be made, the application will
be forwarded to the Board of Aldermen with no recommendation. The
Planning Commission must submit its recommendation along with a record
of the public hearing thereon, to the Board of Aldermen. The Planning
Commission may include reasonable conditions as a part of its recommendations.
C.
Board
Of Aldermen Action.
1.
The Board of Aldermen must consider the request for an amendment
within sixty (60) days of receipt of written recommendation of the
Planning Commission.
2.
After holding a public hearing on the proposed amendment and before
making its final decision, the Board of Aldermen may refer the application
back to the Planning Commission for additional study for a period
no greater than forty-five (45) days. In this event, no additional
public hearing is required.
3.
Upon receipt of the recommendation of the Planning Commission and
any protest petitions that have been submitted, the Board of Aldermen
must consider the application and may take final action to approve
or deny it. The Board of Aldermen may either affirm, or not affirm,
the recommendations of the Planning Commission. In the event the Board
of Aldermen does not affirm the Planning Commission recommendations
on an application for map amendment, then such change may only be
approved with a favorable vote of five (5) out of the six (6) voting
members of the Board of Aldermen.
4.
If final action is not taken by the Board of Aldermen within one
hundred twenty (120) days after the recommendation of the Planning
Commission is submitted to it, the proposed amendment will be deemed
to have been defeated and denied, unless the applicant has consented
to an extension of this time period. Whenever a proposed amendment
is defeated, either by vote of the Board of Aldermen or by inaction
described in this Section, such amendment cannot be passed without
another public hearing that is noticed in accordance with this Chapter.
5.
If the Board of Aldermen approves an application, it will adopt an
ordinance to that effect. If the Official Zoning Map has been changed
the amending ordinance will define the change or boundary as amended
and will order the Official Zoning Map to be changed to reflect such
amendment.
6.
Whenever a proposed map amendment is denied, a map amendment for
the same lot or parcel shall not be filed by the same applicant with
the City Planner for at least one (1) year.
[Ord. No. 11062017A, 11-6-2017]
A.
Findings
Of Fact For Map Amendments (Rezoning). In their deliberation of a
request, the Planning Commission and Board of Aldermen may give consideration
to the criteria stated below, to the extent they are pertinent to
the particular application:
1.
The character of the surrounding neighborhood, including the existing
uses and zoning classification of properties near the subject property;
2.
The physical character of the area in which the property is located;
3.
Consistency with the goals and objectives of the comprehensive plan
and other plans, codes and ordinances of the City of Peculiar;
4.
Suitability of the subject property for the uses permitted under
the existing and proposed zoning districts;
5.
The trend of development near the subject property, including changes
that have taken place in the area since the subject property was placed
in its current zoning district;
6.
The extent to which the zoning amendment may detrimentally affect
nearby property;
7.
Whether public facilities (infrastructure) and services will be adequate
to serve development allowed by the requested zoning map amendment;
8.
The suitability of the property for the uses to which it has been
restricted under the existing zoning regulations;
9.
The length of time (if any) the property has remained vacant as zoned;
10.
Whether the proposed zoning map amendment is in the public interest
and is not solely in the interests of the applicant; and
11.
The gain, if any, to the public health, safety and welfare due to
denial of the application, as compared to the hardship imposed upon
the landowner, if any, as a result of denial of the application.
12.
The Planning Commission and the Board of Aldermen may also consider
other factors that may be relevant to a particular application.
B.
Findings
Of Fact For Text Amendment. In their deliberation of a request, the
Planning Commission and Board of Aldermen may take into consideration
the following:
1.
Whether such change is consistent with the intent and purpose of
the Comprehensive Plan and plans adopted by the City of Peculiar;
2.
Whether the proposed text amendment corrects an error or inconsistency
in the Code;
3.
The areas which are most likely to be directly affected by such change
and in what way they will be affected;
4.
Whether the proposed amendment is made necessary because of changed
or changing conditions in the areas and/or zoning districts affected
by it; and
5.
Whether the proposed text amendment is in the best interests of the
City as a whole.
C.
Protest.
In the event that a protest petition against any application for a
zoning map amendment is presented to the City Clerk prior to the date
scheduled for the Board of Aldermen to take action and is properly
signed and notarized by the deeded owners of thirty percent (30%)
or more of the areas of the land (exclusive of streets and alleys)
included in such proposed change or within an area determined by lines
drawn parallel to and three hundred (300) feet distant from the boundaries
of the district proposed to be changed, such amendment will not become
effective except by the favorable vote of two-thirds (2/3) of all
the members of the Board of Aldermen.
