[Ord. No.
395, 11-6-2023]
A. Applicability. Zoning Map and text amendments may be necessary to
account for changed conditions in the general area, a change in public
policies with respect to future development, or a desire to enable
certain types of development that were not contemplated under the
provisions of this Chapter. The Board of Aldermen shall have the authority
to amend, supplement, change, modify, or repeal, by ordinance, the
text or map of this Chapter as provided for in accordance with the
provisions of this Section.
1.
Text Amendments. An application for amendment to the written
text of this Chapter may be filed by any person in the office of the
City Clerk for consideration by the Planning and Zoning Commission
and the Board of Aldermen.
2.
Zoning Map Amendments (Rezoning). An application for a change in the zoning district designation as described by the Official Zoning Map may be filed in the office of the City Clerk, for consideration by the Planning and Zoning Commission and the Board of Aldermen. Such application may be filed by the Mayor, any member of the Board of Aldermen, the Planning and Zoning Commission, or the Zoning Enforcement Officer, by any other appointed or elected official of the City, or by any person with financial, contractual, or proprietary interest in the property to be included in the proposed change of zoning. In addition to the general requirements in Table 400.080 and Section
400.080, the following requirements are specific to Zoning Map or text amendment applications.
a.
Application And Submission Requirements. The application shall
be made on a form provided by the City Clerk. The application shall
be signed by the applicant and shall state name and address, as well
as:
(1) Text Amendments. An application for an amendment
to the text of this Chapter shall set forth the new text to be added
and existing text to the deleted.
(2) Rezoning. An application for a Zoning Map change
shall include:
(a) A legal description of the property.
(b) A scaled map of the property, correlated with the
legal description, and clearly showing the property's location.
(c) The name, address, and phone number of the petitioner.
(d) The petitioner's interest in the property,
and if the petitioner is not the owner, the name, address, and phone
number of the owner(s).
(e) Date of filing with City Clerk.
(f) Signature(s) of petitioner(s) and owner(s) certifying
the accuracy of the required information.
(g) The present and proposed zoning.
An application for either a text amendment or rezoning
shall comply with and be in accordance with the format and procedures
governing the same as adopted by the Planning and Zoning Commission
and administered by the City Planner. In all cases where an application
is initiated by a private party, the application shall be accompanied
by the fee established by the Board of Aldermen and on file in the
offices of the City Clerk.
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B. Planning And Zoning Commission Review. Each application shall be
presented to the Planning and Zoning Commission for its report and
recommendations. The Planning and Zoning Commission shall consider
an application not later than the second regular monthly meeting of
the Planning and Zoning Commission after all required documents are
filed. The Planning and Zoning Commission shall give written notice
to all property owners within the City limits whose property lies
within three hundred (300) feet of that which has been requested for
rezoning. The Planning and Zoning Commission shall recommend approval,
conditional approval, or denial of the application and shall file
its report and recommendation with the Board of Aldermen.
1.
The Planning and Zoning Commission may recommend that a petition
for a change of zoning district classification be approved or denied
for all or part of the property described in the petition. The Board
of Aldermen may enact, by ordinance, such a partial granting of a
petition for a change in zoning district classification.
2.
The Planning and Zoning Commission may recommend, and the Board
of Aldermen may enact, by ordinance, a zoning district classification
other than that requested in the petition, provided that the recommendation
or ordinance is for a district classification of the same use type
as that requested by the petitioner.
C. Review Criteria. A Zoning Map or text amendment shall be reviewed
by the Planning and Zoning Commission and the Board of Aldermen according
to the following criteria:
1.
The application is consistent with the Comprehensive Plan and
any official plan or program developed under the guidance of the Comprehensive
Plan, and in particular the relationship of land uses within the proposed
district and the relationship with uses existing or anticipated in
surrounding districts.
2.
The character of the neighborhood, including the design of streets,
civic spaces, and other open spaces; the scale, pattern, and design
of buildings; the zoning of property and compatibility of potential
future uses; and the operation and uses of land and buildings.
3.
The application furthers the intent of the proposed zoning district
and supports that of any abutting zoning districts, and in particular
the building form, site design, and other development patterns and
urban design aspects of the proposed project in furthering the intent.
4.
Compliance of any proposed development with the requirements
of the development code, and the intent or design objectives associated
with any specific standards as established by this Chapter.
5.
The ability of the City or other government agencies to provide
any services, facilities, or programs that might be required if the
application were approved.
6.
The effect of approval on the condition or value of property
in the City or in the vicinity, including the likelihood of surrounding
areas to be developed in accordance with the Comprehensive Plan.
7.
The consistency of the application with other adopted policies
of the City, including any other relevant implications of the change
beyond any specific proposed project.
8.
The recommendations of the Zoning Enforcement Officer, the City
Planner, other City professional staff, or other technical reviews
associated with the application.
D. Protest Petition. If a written protest against a proposed Zoning
Map or text change duly signed, notarized, and acknowledged by the
owners of more than thirty percent (30%) or more of the areas of the
land (exclusive of streets and alleys) included in such proposed 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
or area proposed to be changed or to be affected by a text change
is filed in the office of the City Clerk within fifteen (15) days
of the date of the conclusion of the Board of Aldermen public hearing,
such revision or amendment shall not become effective except by the
favorable vote of two-thirds (2/3) of all of the members of the Board
of Aldermen.
E. Board Of Aldermen Review. Before acting upon any application for
a text or map amendment, the Board of Aldermen shall hold a hearing
thereon after at least fifteen (15) days public notice of such hearing
is published in a newspaper of general circulation within the City
and written notice is given to all property owners within the City
limits whose property lies within three hundred (300) feet of that
which has been requested for rezoning. The Board of Aldermen may refer
the application back to the Planning and Zoning Commission for additional
study before making its final decision. No additional public notice
is required to be given. All text amendments and amendments to the
Zoning Map, as described herein, shall require a two-thirds (2/3)
majority vote by the Board of Aldermen.
F. Withdrawal. Any text or map amendment request, regardless of its
source of initiation, may be withdrawn from consideration upon receipt
of written notice from the applicant by the Zoning Enforcement Officer
at any point in the approval process, prior to final action on the
request by the Board of Aldermen.
G. Effect Of Decision. Amendments to the ordinance text or Official
Zoning Map (rezoning) shall be approved by the Board of Aldermen in
the form of an ordinance. Approved changes to the Official Zoning
Map shall be indicated on said Map by the Zoning Enforcement Officer
within thirty (30) days following such action.
[Ord. No.
395, 11-6-2023]
In case of an adverse report by the Planning and Zoning Commission
or if a protest against such proposed amendment, supplement, change,
modification or repeal shall be presented in writing to the City Clerk,
duly signed and acknowledged by the owners of thirty percent (30%)
or more, either of the area of the land (exclusive of streets, places
and alleys) included within such proposed amendment, supplement, change,
modification or repeal, 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, such amendment,
supplement, change, modification or repeal shall not become effective
except by the favorable vote of two-thirds (2/3) of all the members
of the Board of Aldermen.