[R.O. 2009 § 420.030; Ord. No. 2865, 10-25-2018]
Whenever the public necessity, convenience,
general welfare, and good zoning practice require, the Board may order,
after a Public Hearing and report thereon by the Commission, and subject
to the procedure provided in this Code, an amendment, supplement,
or change in the regulations, Zoning District boundaries, or classification
of Property. Amendment, supplement, reclassification, or change (including
Special Use Permits) may be initiated by the Chairman of the Commission,
the Director, the Board, or by a verified application of one (1) or
more of the owners or authorized representatives of the owners of
Property within the area proposed to be changed.
[R.O. 2009 § 420.040; Ord. No. 2865, 10-25-2018]
A. Process For Filing Petitions. The following
procedure shall be implemented for filing a petition:
1.
Petitions for any change of zoning,
boundaries, or any reclassification of zones as shown on the Official
Zone District Map shall be addressed to the Board and filed with the
Community Development Department at least thirty (30) days before
the next scheduled Commission meeting, unless prior written approval
is granted by the Director upon good cause shown by the Applicant.
The petition shall specify the location of the proposed change in
zoning and as necessary include the height, area, and Site Plan for
the Lot. The Site Plan, if provided, shall include a legal description,
Lot and Building footing dimensions, appropriate Zoning District Setback,
landscaping, Off-Street Parking Area requirements, contours and drainage
ways, proposed easements, public improvements, and, if possible or
necessary, an artist's rendering in the horizontal view. At the time
the petition is filed, a fee shall be paid to the City. The fees for
a change in zoning shall be as set forth in Addendum A.
2.
The petition will be on forms prescribed
for this purpose by the Director and accompanied by such data and
information which may be prescribed for by the Commission or Director
so as to assure the fullest practicable presentation of facts for
the Commission to consider in their review. Upon receipt at the department,
the Director shall review the application as to form. Upon determination
of the Director that the form of the application is appropriate and
all necessary information is provided, the Director will present the
matter to the Commission.
3.
Each such petition shall be verified
by at least one (1) of the owners or authorized representatives of
the owners of Property proposed to be changed. Each Applicant shall
attest to the truth and correctness of all facts and information presented
with the application.
B. Public Meeting And Commission Decision.
The Commission, within sixty (60) days of the date of the filing of
a complete petition at determined by the Director, shall conduct a
public meeting at which the Applicant shall present such information,
as the Applicant deems necessary, to substantiate its request for
a change in zoning. The Commission shall allow public comment. The
Commission shall thereafter conduct a deliberation and discussion
of the petition and vote whether to grant the change in zoning. A
simple majority of the Commission is required to have a positive recommendation
to the Board. If the proposition does not have a simple majority vote,
the proposition fails and shall be taken as a negative recommendation.
The Commission shall communicate the results of its vote to the Board
and may further communicate its reasons for such recommendation.
C. Notice For Public Hearing. Upon referral
of the petition from the Commission, the petition shall be set for
Public Hearing before the Board. The Director shall cause public notice
of such hearing to be given. The notice procedure shall be as follows:
1.
Fifteen (15) days' notice of the
time and place of such hearing shall be published in at least one
(1) newspaper having general circulation within the City. In addition,
for development-initiated change of zoning petitions, the City will
be responsible for notifying all owners of property within three hundred
(300) feet of the subject Property by mail of the application and
hearing date. Said notice shall be postmarked at least five (5) days
prior to the scheduled Public Hearing. In the event the Applicant
seeks more than one (1) continuance of any published or notified hearing,
the Applicant shall be responsible for reimbursement of any republication
and/or mailing notification costs prior to any action by the Board.
For non-development-initiated changes in zoning (i.e., text amendments
or Zoning Code revisions), notice of the time and place of such hearing
shall be published in a newspaper of general circulation at least
fifteen (15) days in advance, supplemented by announcement in the
City's monthly newsletter and/or website.
2.
In addition to the above, the Director
shall cause a Sign or Signs, not less than two (2) feet high by three
(3) feet wide, to be placed on all Lots on which an application for
a zoning change has been filed.
a.
Sign or Signs shall be placed on
such Lot so as to be clearly visible to the traveled portion of such
abutting Street. The Director shall determine the number of additional
signs to be placed that may be necessary to carry out the intent of
this Code.
b.
All Signs shall have letters not
less than two and one-half (2 1/2) inches in height and not less
than three-eighths (3/8) inch in width with the following: "PUBLIC
HEARING."
c.
The Director may provide for such
additional information to be placed on any such Sign which would serve
to fully inform the public as to the nature of such a zoning change
pending before the Board.
d.
Any person or persons, firm, association, or corporation who shall remove, mar, scratch, obliterate, or in any manner deface, hide from view, or tamper with any such Sign or Signs shall be deemed guilty of an ordinance violation and, upon conviction, shall be punished as set out in Section
100.120 of this Code.
3.
It shall not be necessary to publish
notice or hold Public Hearings on amendments to this Code pertaining
to procedural matters and to the duties and powers of officials, officers,
boards, commissions, and bureaus in carrying out the regulations of
this Code.
4.
Such notice shall contain the approximate
Street location or address, the name of the person seeking such zoning
change, the present zoning classification, and the zoning classification
sought or the nature and reason of such request.
5.
Failure to comply with any additional
notice or posting requirements of this Section which are greater than
required by state law shall not be a basis for invalidation of any
approval or enactment.
D. Public Hearing. Prior to consideration
of an ordinance approving any such zoning change, the Board shall
conduct a Public Hearing at which the Applicant shall present such
information, as the Applicant deems necessary, to substantiate its
request for a change in zoning. The Board shall then hear any person
wishing to speak in favor of the petition, after which time the Board
shall hear any person wishing to speak in opposition to the petition,
after which time the Applicant may address or rebut any issues presented.
The Board shall then close the public participation portion of the
hearing.
E. Board Decision. After the Commission has
advised the Board of its recommendation of approval or negative recommendation
and after conducting said Public Hearing, the Board shall review the
same and consider the petition by ordinance. Said ordinance shall
be proposed and sponsored in the manner of all other ordinances and
shall require a majority of the Board to enact.
F. Appeal/Protest. In case of written protest
against any change in zoning regulations, restrictions, or boundaries
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 proposed change or within an area determined by lines
drawn parallel to a 250-foot distance from the boundaries of the Zoning
District proposed to be changed, such amendment shall not become effective
except by the favorable vote of two-thirds (2/3) of the full Board.
The provisions of this Section shall apply equally to all changes
or amendments.
[R.O. 2009 § 420.050; Ord. No. 4091, 1-28-2021]
In the event that the Board of Aldermen denies an application under Sections
410.050,
410.060, or
410.080 of this Article, a reapplication for the purposes of further review of the same application shall not be accepted by the City until twelve (12) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the Director that substantial new evidence not available during review of the original application will be presented.