29.3.1 After receiving the recommendation of the P and Z Commission that the zone be changed, or upon written request, the City Secretary is hereby authorized and directed to publish such notices and set the date for a hearing before the City Council at the earliest practical time, consistent with the time necessary for giving such notices as provided by law, to be fifteen (15) days.
29.3.2 When the P and Z Commission has recommended a change in zoning together with recommendations as to requirements, the City Council shall be at liberty to either accept, reject, or make other or additional requirements, and any such requirements, at the discretion of the City Council to be made, shall become a part of the Ordinance changing the zoning classification of such property, and such requirements shall be considered as an amendment to the Zoning Ordinance as applicable to such property. Such requirements shall not be considered conditions precedent to the granting of the change in zoning or the granting of building permits on such property, but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance and such requirements shall be complied with before a certificate of occupancy and compliance may be issued for the use or occupancy of the building, land, or structure on such property.
29.3.3 In case the P and Z Commission has recommended against a proposed amendment, supplement, change or modification, or of a protest against such change signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending two hundred feet (200'), or of those directly opposite thereto extending two hundred feet (200') from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three fourths (3/4) of the City Council.
29.3.4 Zoning Changes/Amendments Process Flow Chart:
CITY P AND Z COORDINATOR |
1. | Receives Application. |
2. | Receives Filing Fee(s). |
3. | Sets up public hearing for P and Z Commission. |
4. | Notifies property owners within 200 feet. |
5. | Responses included in P and Z info packet. |
6. | Notice 10 days prior to P and Z Hearing. |
7. | Distributes info packets to P and Z. |
8. | Newspaper notice 15 days prior to City Council Hearing. |
PLANNING AND ZONING COMMISSION |
1. | Conduct Public Hearing. |
2. | Hears applicant's request. |
3. | Hears favorable/unfavorable citizens' comments. |
4. | Hears City Staff Recommendation. |
5. | Recommendation to City Council (in writing). |
6. | Recommendation to applicant (in writing). |
CITY P AND Z COORDINATOR |
1. | Forwards info for City Council packets. |
2. | Includes info in City Council packets. |
3. | P and Z recommendation in Council packets. |
4. | Prepares zone change application in form of an amendment to zoning ordinance. |
CITY COUNCIL |
1. | Public Hearing. |
2. | Hears P and Z Recommendation. |
3. | Hears applicant's request. |
4. | Hears favorable/unfavorable inputs from citizens. |
5. | Hears City Staff Recommendation. |
6. | Majority vote of Council to approve if P and Z recommends approval. |
7. | Council may add additional requirements. |
8. | 4/5 approval vote of Council to approve if P and Z recommends disapproval or 20% of property owners file written protests. A majority Council vote to disapprove a P and Z approval. |
CITY P AND Z COORDINATOR |
1. | If Passes or approved by Council: |
2. | Has zoning map updated. |
3. | Has zoning change request signed by applicant, owner, and grantee of the request including any stipulations. |
4. | Has ordinance signed by City Council. |
5. | Retains copy of Ordinance and plat info. |
(Ordinance 1054 adopted 5/13/03)