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The board of aldermen shall have the authority to amend, supplement, change, modify, or repeal by ordinance the text or map of the zoning ordinance in accordance with the provisions of this article. A. Application for amendment, by whom: 1. Text amendments: An application for an amendment to the written text of this zoning ordinance may be initiated by the mayor, any member of the board of aldermen, or any member of planning commission. 2. Zoning map amendments: An application for a change in the zoning district designation of a property, as described on the official zoning map, may be initiated by the mayor, any member of the board of aldermen, any member of planning commission, or by any person with a financial, contractual, or proprietary interest in the property proposed to be rezoned. B. Application and submission requirements: Applications for text or zoning map amendments shall be filed in the planning and building department office, on forms provided for that purpose. The application shall be signed by the applicant, and shall state the name and address of the applicant, as well as: 1. Text amendments: An application for an amendment to the text of the zoning ordinance shall set forth the new text to be added and any existing text to be deleted, as well as a brief summary discussing the reasoning behind the proposed change. 2. Zoning map amendments: An application for a zoning map amendment shall include: a. A metes and bounds legal description of the subject property. b. A survey of the subject property, drawn to scale and correlated with the legal description, clearly showing the subject property's location. c. The petitioner's interest in the property, and if the petitioner is not the owner, the name and d. address of the property-owner, and a notarized statement signed by the property-owner authorizing the applicant to act on the owner's behalf. d. The date of filing, the present and proposed zoning designations, and the signature of the applicant and/or the property-owner certifying the accuracy of the required information. e. A narrative discussing the reasoning behind the proposed change. An applicant for an amendment for the zoning classification of property, as set out upon the city's zoning map, shall have the burden of proving by clear and convincing evidence that: (1) The original zoning classification for the property was a mistake; or that, (2) The character of the neighborhood has changed to such an extent as to justify the proposed rezoning; (If the proposed zoning classification does not conform to the city's general development plan, the applicant shall be required to offer proof with regard to what major economic, zoning, physical, or social changes, if any, have occurred in the vicinity of the property in question, which were not anticipated by the general development plan, and which have altered the basic character of the area, to make the amendment appropriate.) and that, (3) A public need exists for the rezoning. An application for either a text amendment or a zoning map amendment shall comply with and shall be in accordance with the format and procedures governing the same adopted by the planning commission. In all cases where an application is initiated by a private party, the application shall be accompanied by a fee as established by the board of aldermen, and on file in the offices of the planning and building department. C. Approval process: 1. The planning commission: Any proposed amendment, supplement, change, modification, or repeal shall be first submitted to the planning commission for its review. All such applications shall be set down for a public hearing before the planning commission not later than the second regular meeting from the date of filing same. Any such hearing may, for good cause at the request of the applicant or in the discretion of the Commission, be continued from time to time. Following the public hearing, the planning commission shall approve or deny the application. A report of its action, together with a recommendation for final approval or denial, shall be forwarded to the board of aldermen. 2. The board of aldermen: Following receipt of the commission's report, the board of aldermen shall set a time and a place for a public hearing on the matter. At least 15 days advance notice of the date, time, and place of the public hearing shall be published in a paper of general circulation within the city. Following conclusion of the public hearing and consideration of the planning commission's report, the board of aldermen shall take action on the request for final approval or denial, and notify the applicant of the result. a. Confirming or overruling the planning commission's recommendation: In those instances where the board confirms or overrules the recommendation of the planning commission, and a citizen protest has not been filed, the action of the board of aldermen on all amendments shall require only a simple majority vote. b. Citizen protests: In the case of a protest against such change being filed, determination of the required "affected property-owners," as well as the resultant action by the board of aldermen upon the change, shall be addressed in conformance with the requirements of the then applicable state statutes. c. Referral: The board of aldermen may refer the application back to the planning commission for additional study before final decision; however, no notice other than for the first public hearing need be given. D. Approval of rezoning a portion of the property: The planning commission may recommend and the board of aldermen may approve by ordinance that a petition for a change in zoning district classification be approved or denied for only a portion of the subject property requested for rezoning by the application. E. Approval of different classification: The planning commission may recommend and the board of aldermen may approve by ordinance a zoning district classification other than that requested in the application, provided that the recommendation or ordinance is for a more restrictive district classification than the one originally requested in the application. F. Withdrawal: Any request for withdrawal of a legally filed application for an amendment to the zoning ordinance may be approved or denied by the planning commission or the board of aldermen. Such requests must be made in writing, and must be applied for prior to the final action of either body. G. Zoning of newly annexed territory: Newly annexed areas will maintain the city zoning district equivalent of its county zoning district designation. In those instances where there is no equivalent city zoning district designation, the property shall retain its county zoning designation until such time as the property is rezoned through the city zoning process to a city zoning district designation. |
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(Ord. of 12-21-99, § 1; Ord. of 11-19-02(2), § 1; Ord. of 1-16-07(3), § 2) |