a) After
receipt of the recommendation from the Planning and Zoning Commission,
and after appropriate notice, the City Council shall conduct a public
hearing on each proposed change, except for requests to amend the
Official Zoning Map which are recommended by the Planning and Zoning
Commission to be denied and are not formally appealed to City Council.
b) At the
public hearing, the City Council shall consider the application, comments
and recommendations by City staff, the Planning and Zoning Commission
recommendation, other relevant support materials and public testimony
given at the public hearing.
c) The City
Council may approve, approve with modifications, or deny the proposed
amendment.
d) Where
written protest against such amendment is made and signed by (a) the
owners of 20 percent or more of the area subject to the zone change
or (b) the owners of 20 percent or more of the area within 200 feet
of the affected area exclusive of dedicated right-of-way, or the request
is recommended for denial by the Planning and Zoning Commission, then
the proposed amendment shall require a favorable vote of at least
three-fourths of all the members of the City Council to become effective.
The full membership of the City Council is used to determine the 75%,
regardless of those in actual attendance. The area of rights-of-way
and streets shall be included in any computation of land area under
this subsection.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
The wisdom of amending the text of this Zoning Ordinance or
the Official Zoning Map is a matter committed to the sound legislative
discretion of the City Council and is not controlled by any one factor.
In determining whether to adopt, adopt with modifications or deny
the proposed amendment, the City Council shall at a minimum consider
the following factors.
a) Compatible
with Plans and Policies.
Whether the proposed amendment
is compatible with the Comprehensive Plan and any other land use policies
adopted by the Planning and Zoning Commission or City Council.
b) Consistent
with Zoning Ordinance.
Whether and the extent to which
the proposed amendment would conflict with any portion of this Zoning
Ordinance.
c) Compatible
with Surrounding Area.
Whether and the extent to which
the proposed amendment is compatible with existing and proposed uses
surrounding the subject land and is the appropriate zoning district
for the land.
d) Changed
Conditions.
Whether and the extent to which there are
changed conditions that require an amendment.
e) Effect
on Natural Environment.
Whether and the extent to which
the proposed amendment would result in significant adverse impacts
on the natural environment, including but not limited to water and
air quality, noise, stormwater management, wildlife, vegetation, wetlands
and the practical functioning of the natural environment.
f) Community
Need.
Whether and the extent to which the proposed amendment
addresses a demonstrated community need.
g) Development
Patterns.
Whether and the extent to which the proposed
amendment would result in a logical and orderly pattern of urban development
in the community.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
a) Submission
of Application.
A complete notice of appeal shall be
submitted to the City Manager within thirty (30) days of the Planning
and Zoning Commission denial.
b) In order
to overturn a denial by the Planning and Zoning Commission, a 75%
vote in favor of the request is required by the City Council.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)