Upon initiation of an amendment by the City Council or the Zoning
Commission, or upon petition from a property owner, the Zoning Commission
shall cause to be made such an investigation of facts bearing on such
initiation or petition as will provide necessary information to assure
that the action of each such petition is consistent with the intent
and purpose of this title.
When considering an application for amendment to the official
zoning map, the Zoning Commission and City Council shall be guided
by and give consideration to the following:
(1) Whether the new zoning was designed in accordance with the growth
policy.
(2) Whether the new zoning will effect motorized and nonmotorized transportation
systems.
(3) Whether the new zoning will secure safety from fire and other dangers.
(4) Whether the new zoning will promote public health, public safety
and the general welfare.
(5) Whether the new zoning includes the reasonable provision of adequate
light and air.
(6) Whether the new zoning will facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements.
(7) Whether the new zoning gives consideration to the character of the
district and its peculiar suitability of the property for particular
uses.
(8) Whether the new zoning was adopted with a view of conserving the
value of buildings.
(9) Whether the new zoning will encourage the most appropriate use of
land throughout the municipality.
(Ord. 1677, 7-19-2010; amd. Ord. 1702, 11-7-2011)
The Zoning Commission shall hold public hearings on the matters
referred to in such initiation or petition at which parties in interest
and citizens shall have an opportunity to be heard.
(1) At least 15 days' notice of time and place of such hearing
shall be published in an official paper or paper of general circulation
in the City.
(2) All property owners within 150 feet of the site of the proposed zone
change shall be notified via the United States mail at least 15 days
prior to the public hearing.
(3) Names and addresses of adjoining property owners will be assembled
by the City Planning Department.
(4) After such hearing or hearings, the Zoning Commission will make reports
and recommendations on said petition or initiation to the City Council.
(5) Based on the results of the Zoning Commission hearing, the staff
report and the findings of the Zoning Commission, the City Council
shall by ordinance render a decision to grant, amend or deny the requested
amendment.
(6) Such amendments shall not become effective except by the favorable
vote of two-thirds of present members of the City Council whenever
a protest signed against such changes is signed by the owners of 25%
or more of the area of:
(a) The lots included in such proposed change; or
(b) Those lots immediately adjacent on either side thereof within the
block; or
(c) Those directly opposite thereof extending 150 feet from the street
frontage of such opposite lots.
(Ord. 1677, 7-19-2010; amd. Ord. 1771, 6-6-2016)