MapLink™ | Procedures | Procedures For A Change In Zoning

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Procedures For A Change In Zoning
Whenever the public necessity, convenience, general welfare, and good zoning practice require, the Board may order, after a Public Hearing and report thereon by the Commission, and subject to the procedure provided in this Code, an amendment, supplement, or change in the regulations, Zoning District boundaries, or classification of Property. Amendment, supplement, reclassification, or change (including Special Use Permits) may be initiated by the Chairman of the Commission, the Director, the Board, or by a verified application of one (1) or more of the owners or authorized representatives of the owners of Property within the area proposed to be changed.

Petitions For Change, Filing Fee, Form And Contents.
A. Process For Filing Petitions. The following procedure shall be implemented for filing a petition:
1. Petitions for any change of zoning, boundaries, or any reclassification of zones as shown on the Official Zone District Map shall be addressed to the Board and filed with the Community Development Department at least thirty (30) days before the next scheduled Commission meeting, unless prior written approval is granted by the Director upon good cause shown by the Applicant. The petition shall specify the location of the proposed change in zoning and as necessary include the height, area, and Site Plan for the Lot. The Site Plan, if provided, shall include a legal description, Lot and Building footing dimensions, appropriate Zoning District Setback, landscaping, Off-Street Parking Area requirements, contours and drainage ways, proposed easements, public improvements, and, if possible or necessary, an artist's rendering in the horizontal view. At the time the petition is filed, a fee shall be paid to the City. The fees for a change in zoning shall be as set forth in Addendum A.
2. The petition will be on forms prescribed for this purpose by the Director and accompanied by such data and information which may be prescribed for by the Commission or Director so as to assure the fullest practicable presentation of facts for the Commission to consider in their review. Upon receipt at the department, the Director shall review the application as to form. Upon determination of the Director that the form of the application is appropriate and all necessary information is provided, the Director will present the matter to the Commission.
3. Each such petition shall be verified by at least one (1) of the owners or authorized representatives of the owners of Property proposed to be changed. Each Applicant shall attest to the truth and correctness of all facts and information presented with the application.
B. Public Meeting And Commission Decision. The Commission, within sixty (60) days of the date of the filing of a complete petition at determined by the Director, shall conduct a public meeting at which the Applicant shall present such information, as the Applicant deems necessary, to substantiate its request for a change in zoning. The Commission shall allow public comment. The Commission shall thereafter conduct a deliberation and discussion of the petition and vote whether to grant the change in zoning. A simple majority of the Commission is required to have a positive recommendation to the Board. If the proposition does not have a simple majority vote, the proposition fails and shall be taken as a negative recommendation. The Commission shall communicate the results of its vote to the Board and may further communicate its reasons for such recommendation.

C. Notice For Public Hearing. Upon referral of the petition from the Commission, the petition shall be set for Public Hearing before the Board. The Director shall cause public notice of such hearing to be given. The notice procedure shall be as follows:
1. Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City. In addition, for development-initiated change of zoning petitions, the City will be responsible for notifying all owners of property within three hundred (300) feet of the subject Property by mail of the application and hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled Public Hearing. In the event the Applicant seeks more than one (1) continuance of any published or notified hearing, the Applicant shall be responsible for reimbursement of any republication and/or mailing notification costs prior to any action by the Board. For non-development-initiated changes in zoning (i.e., text amendments or Zoning Code revisions), notice of the time and place of such hearing shall be published in a newspaper of general circulation at least fifteen (15) days in advance, supplemented by announcement in the City's monthly newsletter and/or website.
2. In addition to the above, the Director shall cause a Sign or Signs, not less than two (2) feet high by three (3) feet wide, to be placed on all Lots on which an application for a zoning change has been filed.
a. Sign or Signs shall be placed on such Lot so as to be clearly visible to the traveled portion of such abutting Street. The Director shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Code.
b. All Signs shall have letters not less than two and one-half (2 1/2) inches in height and not less than three-eighths (3/8) inch in width with the following: "PUBLIC HEARING."
c. The Director may provide for such additional information to be placed on any such Sign which would serve to fully inform the public as to the nature of such a zoning change pending before the Board.
d. Any person or persons, firm, association, or corporation who shall remove, mar, scratch, obliterate, or in any manner deface, hide from view, or tamper with any such Sign or Signs shall be deemed guilty of an ordinance violation and, upon conviction, shall be punished as set out in Section 100.120: General Penalty of this Code.
3. It shall not be necessary to publish notice or hold Public Hearings on amendments to this Code pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions, and bureaus in carrying out the regulations of this Code.
4. Such notice shall contain the approximate Street location or address, the name of the person seeking such zoning change, the present zoning classification, and the zoning classification sought or the nature and reason of such request.
5. Failure to comply with any additional notice or posting requirements of this Section which are greater than required by state law shall not be a basis for invalidation of any approval or enactment.
D. Public Hearing. Prior to consideration of an ordinance approving any such zoning change, the Board shall conduct a Public Hearing at which the Applicant shall present such information, as the Applicant deems necessary, to substantiate its request for a change in zoning. The Board shall then hear any person wishing to speak in favor of the petition, after which time the Board shall hear any person wishing to speak in opposition to the petition, after which time the Applicant may address or rebut any issues presented. The Board shall then close the public participation portion of the hearing.

E. Board Decision. After the Commission has advised the Board of its recommendation of approval or negative recommendation and after conducting said Public Hearing, the Board shall review the same and consider the petition by ordinance. Said ordinance shall be proposed and sponsored in the manner of all other ordinances and shall require a majority of the Board to enact.

F. Appeal/Protest. In case of written protest against any change in zoning regulations, restrictions, or boundaries 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 proposed change or within an area determined by lines drawn parallel to a 250-foot distance from the boundaries of the Zoning District proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of the full Board. The provisions of this Section shall apply equally to all changes or amendments.

In the event that the Board of Aldermen denies an application under Sections 410.050410.060, or 410.080 of this Article, a reapplication for the purposes of further review of the same application shall not be accepted by the City until twelve (12) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the Director that substantial new evidence not available during review of the original application will be presented.
Application Materials
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Rezoning Application Packet