All zoning and site plan requests to be considered by the planning and zoning commission and/or the city council, shall be initiated by filing an application with the city. The applications required by this division shall be on forms supplied by the city which shall be available in the offices of the city.
(Ordinance 18-10 adopted 12/9/10)
No application shall be deemed “filed” until such application is determined to be complete and the fee established in the master fee schedule or other ordinances of the city for processing the application has been paid.
(Ordinance 18-10 adopted 12/9/10)
(a) 
All platting, zoning and site plan requests, and/or requests to amend the comprehensive plan or the thoroughfare plan may be initiated by the owner of the affected property or his/her authorized representative who files the required application and pays the appropriate fee for the request, or the city council may direct to initiate such a request on behalf of the city.
(b) 
The governing body may from time to time amend, supplement, or change by ordinance the boundaries of the districts or regulations herein established.
(c) 
Amendments to the text of this article shall be initiated only by action of the city council to initiate such a request on behalf of the city or by the city manager or city manager’s designee.
(Ordinance 18-10 adopted 12/9/10)
(a) 
After submission and filing as provided in this division the planning commission or governing body may consider to allow a withdrawal with or without prejudice. An application for the same lot or tract withdrawn with prejudice may not be resubmitted for consideration for a period of one year.
(b) 
Any request for withdrawal of an application must be submitted and filed in writing to the city manager or designee.
(c) 
Application fees are not refundable except in cases in which the city manager or designee determines that an application was accepted in error, or the fee paid exceeded the amount due under the provision of this article or other ordinances of the city, in which case the amount of the overpayment may be at discretion refunded to the applicant.
(Ordinance 18-10 adopted 12/9/10)
(a) 
Notice of public hearing.
(1) 
Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property within a distance of at least 200 feet from the boundaries of the subject property at least ten (10) days prior to the hearing date. Such notice shall be served by using the last known address as listed on the last approved city tax roll and depositing the notice postage paid in the United States mail.
(2) 
In addition, notice of such hearing shall be published one time in a newspaper of general circulation in the city, not less than fifteen (15) days prior to the date of such hearing, and a sign giving notice of a proposed zone change shall be placed on the subject property at least ten (10) days prior to the public hearing.
(3) 
Notice of hearings on proposed changes in the text of the zoning ordinance shall be accomplished by one publication not less than fifteen (15) days prior to the hearing, in the official newspaper of the city.
(b) 
Public hearing postponement, recess, and continuations.
(1) 
A public hearing for which notice has been given may be postponed by announcing the postponement at or after the time and place the hearing is scheduled to begin.
(2) 
A public hearing may be recessed and continued any time after the hearing has commenced.
(3) 
If a postponement or continuance of a public hearing is to a specific date and time no later than 60 days from the first or most recent hearing, the announcement of the postponement or continuance at the public hearing in which the application has been postponed or continued shall he sufficient notice and no additional notice is required.
(4) 
Postponed or continued public hearing shall be presumed to be held in the same location, unless a different location for the hearing is announced at the time of the postponement or continuance.
(5) 
In the event that any request or amendment is being considered, whether or not a public hearing is involved, and it is continued at the request of the applicant more than one (1) time, an additional fee shall be required to cover the reasonable costs to the city, including the cost of any additional advertising cost and the cost of the city’s consultants due to the postponement.
(c) 
Conduct of public hearing.
Subject to the presiding officer’s inherent authority to conduct meetings, the public hearing shall generally be conducted as follows:
(1) 
Open public hearing;
(2) 
Report by the city representative;
(3) 
Presentation by the applicant;
(4) 
Testimony and questions by the public;
(5) 
Closure of the public hearing.
(Ordinance 18-10 adopted 12/9/10)
(a) 
Authority.
The city council shall conduct a public hearing and make determinations on the following matters:
(1) 
Text amendments to this article.
(2) 
Zoning changes and map amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments.
(3) 
Amendments to the comprehensive plan.
(4) 
Amendments to the thoroughfare plan.
(5) 
Exceptions and appeals as may be set out in this article.
(b) 
Joint hearings.
The city council may hold a public hearing, after publishing the required notice, jointly and with any public hearing required to be held by the planning and zoning commission, but the city council shall not take action until it has received a final report from the planning and zoning commission.
(c) 
Council hearing notice.
Before the fifteenth (15th) day before the date of the hearing by the city council, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the city.
(d) 
Council approval or denial.
Following the closure of the public hearing, the city council may take the following actions:
(1) 
Approval of an item.
The council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. However, when a proposed zoning request is heard by the city council that has been denied by the planning and zoning commission, a three-fourths (3/4) majority vote by the city council shall be required for approval.
(2) 
Approval of any request for a text amendment to this article or a zoning change and map amendment shall be granted only if the city council determines that the request or amendment is consistent with the comprehensive plan and the purposes of this article. In the event the request or amendment concerns a text amendment to this article or a zoning change and map amendment, the city council shall enact an ordinance amending this article or amending the official zoning map, whichever is applicable.
(3) 
Denial of an item.
The council may deny the request or amendment with prejudice. If a request or amendment is denied with prejudice, a new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development. Unless the new proposal is more restrictive or less intense than the previously denied proposal, then no other application pertaining to a change of zoning and map amendment may be submitted on the same lot or tract of land, or any portion thereof, for a period of one (1) year from the date of its denial by the council. If a request or amendment is denied by the council without an indication of “with” or “without” prejudice, then the action shall be considered to be “denied with prejudice.”
(4) 
Denial without prejudice.
The city council may deny the request or amendment without prejudice, in which case an application for a change in zoning and map amendment other than that which was requested on the original application may be filed at the applicant’s discretion.
(5) 
Reapplication due to changed conditions.
A proposal to rezone a tract or parcel of land which has been previously rejected by the city council may be resubmitted within one year only if there is an actual change in conditions relating to zoning principles of the tract or parcel of land or the property surrounding it. In that event, the applicant must submit to the city manager or designee in writing, a resume describing such changed conditions. The city manager or designee shall investigate the property or cause such an investigation to be made and shall report to the planning and zoning commission whether or not such changed conditions exist. Upon hearing this report, the planning and zoning commission shall either grant or deny the request to refile the proposal for rezoning.
(e) 
Protest of proposed change in zoning.
Property owners of the effected property or adjacent to and within a radius of two hundred (200) feet of a property for which a change in zoning is being considered have the right to file a written protest against the request. The land area of this two hundred (200) feet radius includes streets, alleys and other public right-of-way.
(f) 
Whenever such written protest is signed by the property owners of twenty (20) percent or more of the area of the lots or land included in such zoning change, or of the lots or land immediately adjoining the same and within the above mentioned two hundred (200) feet radius, such change in zoning shall require a favorable vote of three-fourths (3/4) of all the members of the council.
(g) 
For purposes of determining representation on this written protest, the written protest of any one owner of land owned by two or more persons shall be presumed to be the protest of all owners.
(Ordinance 18-10 adopted 12/9/10)
In case, however, of a protest against such change, signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of such opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the legislative body of such municipality.
(Ordinance 18-10 adopted 12/9/10)
The official zoning map of the city shall be kept in the office of the city secretary, and all changes in the district boundaries shall be noted thereon immediately after approval by the governing body of the city.
(Ordinance 18-10 adopted 12/9/10)