[CC 1996 § 25-181; Ord. No. 891 § 25-325]
[CC 1996 § 25-182; Ord. No. 891 § 25-326]
A.
Approval By Ordinance. A zoning text amendment is any amendment to this Chapter, but does not include the rezoning of property. All zoning text amendments shall be approved by ordinance.
C.
Action By Commission. The recommendation of the Commission is advisory. A vote either for or against a zoning text amendment by a majority of all of the Commissioners present shall constitute a recommendation of the Commission. If a motion for or against the zoning text amendment fails to receive a majority vote, the Commission may entertain a new motion. A tie vote, or the failure to obtain a majority vote on any motion, shall constitute a "failure to recommend." The Commission's recommendation, or failure to recommend, shall be submitted to the Governing Body, accompanied by a written summary of the hearing.
D.
Governing Body Action Upon Commission Recommendation. When the Commission submits a recommendation to the Governing Body, the Governing Body may take such action as it deems appropriate, including approval, approval with conditions, disapproval, amendment of the application and adoption as amended, or the Governing Body may return the application to the Commission for further consideration in accordance with Subsection (C).
[CC 1996 § 25-183; Ord. No. 891 § 25-327; Ord. No. 963 § 1]
A.
The following items shall be submitted in support of an application for rezoning:
2.
The number of copies, as required by the Zoning Officer, of an existing conditions map containing the following:
b.
All existing streets and rights-of-way on the land area covered by the application and on all property within one hundred eighty-five (185) feet of the boundaries of the property, including street name and widths of pavement and rights-of-way;
c.
Names of any abutting subdivisions, and the names of owners of abutting property on unsubdivided parcels;
d.
Land use and zoning classification with district boundary lines of all property abutting and all property (excluding street right-of-way) within one hundred eighty-five (185) feet of the boundaries of the property covered by the application;
e.
All existing drainage channels on the land area covered by the application;
f.
The location and size of all existing utilities and easements on the land area covered by the application;
g.
The location of tree stands, significant trees or sensitive environmental areas;
h.
The location and elevation of all areas designated as one-hundred-year floodplain areas by the Federal Emergency Management Agency on the land area covered by the application.
3.
A statement of the reasons why rezoning is being requested.
4.
A statement of when development of the land area covered by the application is contemplated to commence after the application is approved.
5.
The applicant shall provide a map showing the proposed location of any improvements, including, but not limited to, building and other structures, parking areas, and landscaping to be constructed upon the land area covered by the application.
[CC 1996 § 25-184; Ord. No. 891 § 25-328]
B.
Procedures. The procedures for Commission and Governing Body consideration of rezoning applications shall conform to the procedures set forth in zoning text amendments. The Governing Body shall not take action on the Commission's original recommendation or a failure to recommend unless seven (7) days have elapsed after the date of the conclusion of the Commission's public hearing held pursuant to publication notice to allow the filing of a protest petition as provided in Subsection (C). However, where the right to file a protest petition has been waived in a verified statement signed by all property owners holding the right, the Governing Body may consider the Commission's recommendation at any time.
C.
Protest petitions.
1.
A protest against any rezoning application shall be filed not later than the end of the business day (5:00 P.M.) on the seventh day following the date of the conclusion of the Commission's public hearing held pursuant to the publication notice. To be considered a valid protest, a protest petition must be timely filed and 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 of the proposed 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.
2.
If a protest is filed, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendments and a copy upon the applicant's attorney, if any, by certified mail at the address of the applicant and attorney shown in the application for the proposed amendment. Verification of the genuineness and correctness of the signatures on the protest petition, either individually or collectively, shall be made by a person who has signed the protest petition.
3.
Once a valid protest petition has been filed with the City, it may not be withdrawn unless every person who originally signed the protest signs a verified affidavit that states and fully explains the rights being waived by the withdrawal of the protest petition. The affidavits of withdrawal must be filed with the City Clerk on or before the last regular business day preceding the Governing Body meeting for which the protest applies. For purposes of withdrawal, signatures shall not be required of the City, where City-owned property lies within the protest area, or of entities controlling rights-of-way or utility easements.
D.
Adoption Where Protest Filed. Where a valid protest petition has been filed, an ordinance approving the rezoning shall not become effective except by the favorable vote of two-thirds (2/3) of all members of the Governing Body.
E.
Criteria For Considering Application. In considering any application for rezoning, the Commission and the Governing Body may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The Commission and Governing Body also may consider other factors that may be relevant to a particular application.
1.
The existing uses and zoning of nearby property;
2.
The extent to which property values are diminished by the particular zoning restrictions;
3.
The extent to which the destruction of property values, if any, of the property to be rezoned or nearby property promotes the health, safety, morals or general welfare of the public;
4.
The relative gain to the public as compared to the hardship imposed on the individual property owner;
5.
The suitability of the property for the proposed development;
6.
The length of time the property has remained vacant as zoned;
7.
The public need for the proposed use;
8.
The extent to which the proposed use will adversely affect the capacity or safety of that portion of the street network impacted by the use, or present parking problems in the vicinity of the property;
9.
The extent to which the proposed use will create excessive stormwater runoff and the way in which runoff is managed, air pollution, water pollution, noise pollution or other environmental harm;
10.
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;
11.
The conformance of the proposed use to the Comprehensive Plan and other adopted planning policies;
12.
The recommendation of professional staff.
[CC 1996 § 25-185; Ord. No. 891 § 25-329]
A.
No application for rezoning shall be accepted if any application for rezoning for substantially the same property has been filed and advertised for public hearing within the preceding sixty (60) days. For purposes of calculating this time period, the preceding sixty-day period shall be determined as follows:
1.
If there was final action (either approval or denial) on the prior application, the sixty-day period shall run from the date of the action.
2.
If the prior application was withdrawn after being advertised for public hearing, the sixty-day period shall run from the date the application was withdrawn.
B.
The Zoning Officer shall determine if an application concerns "substantially the same property" as a prior application. The landowner may appeal the Zoning Officer's determination to the Board.
C.
The Governing Body may waive the limitation in this Section for good cause shown.