[Ord. No. 7042, 8-24-2023]
A.
Text Amendments. A proposed amendment to the written text of the City's Zoning Code, Subdivision and Land Development Code, signage regulations or flood hazard prevention requirements shall be submitted for consideration by the Planning and Zoning Commission and City Council. Said proposed text amendment shall only be submitted by the Director of Planning and Development, the Mayor, any member of the City Council, any member of the Planning and Zoning Commission or other appointed official of the City. A text amendment proposed by any citizen, organization or other governmental body must be sponsored by the Mayor or a member of the City Council. Said proposed text amendment shall not require the filing of an application per the requirements of Section 400.670 of this Article, but shall be prepared in a format that identifies the proposed new text to be added or amended and/or the proposed text to be deleted. Said proposed text amendment shall be subject to a public hearing before both the Planning and Zoning Commission and City Council. The legal notice advertising the public hearings shall be in accordance with the requirements of Section 400.685(A) of this Article.
B.
Zoning District Classification Amendments (Zonings And Rezonings). An application for an amendment, revision or change in the zoning district classification on the City's Official Zoning Map may be filed in the Planning and Development Department for consideration by the Planning and Zoning Commission and City Council. Said application may be filed by the owner(s) or their authorized or designated representative(s) of the property proposed to be zoned/rezoned. For City-initiated zonings/rezonings, said application may be filed by the Director of Planning and Development, the Mayor, any member of the City Council, any member of the Planning and Zoning Commission or other appointed official of the City. All proposed zoning district classification amendments shall be referred to the Planning and Zoning Commission for review and recommendation to the City Council. All proposed zoning district classification amendments, including City-initiated zonings/rezonings, shall be subject to the public hearing notification and sign posting requirements established in Section 400.685 of this Article.
C.
The Zoning Of Newly Annexed Territories. All new territories that are not zoned to one (1) or more of the City's existing zoning district classifications concurrent with their annexation into the City shall retain their County zoning district classification until such time as the new territory is zoned to one (1) or more of the City's existing zoning district classifications per the requirements of this Article.
D.
Protest Of A Zoning District Classification Or Zoning Regulation Amendment. In case a timely protest against a proposed zoning district classification amendment or zoning regulation amendment is presented, duly 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 change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, said amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all of the members of the City Council. Protest petitions must be filed with the City Clerk not later than 4:00 P.M. on the seventh day following the date advertised for the start of the public hearing before the Planning and Zoning Commission in the notice required by Section 400.685 below.
E.
Fees. The owner(s) or their authorized or designated representative(s) of a property proposed to be zoned/rezoned per the requirements of this Article shall pay the fees, costs and expenses established in Appendix B,[1] "Schedule of Fees, Costs and Expenses," no part of which shall be refundable to the petitioner(s).
[1]
Editor's Note: See Title IV, Appendixes.
F.
Effect Of The Denial Of A Zoning/Rezoning. No application which has been denied (either wholly or in part) shall be resubmitted for a period of twelve (12) months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Director of Planning and Development.