[Ord. No. 1914 §1(405.700), 5-6-2013]
A.
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.
1.
Text amendments. An application for amendment to
the written text of this Zoning Code may be filed in the office of
the City Clerk for consideration by the Commission and the Board of
Aldermen. Such application may be initiated by any member of the Board
of Aldermen or the Commission or filed with the City Clerk by any
other elected or appointed official of the City.
2.
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 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 Building Commissioner, 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.
[Ord. No. 1914 §1(405.710), 5-6-2013]
A.
The
application shall be made on a form provided by the City Clerk's office.
Said 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 be 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, phone number and address of the petitioner.
d.
The petitioner's interest in the property, and if the petitioner
is not the owner, the name, phone number and address of the owner(s).
e.
Date of filing with the City Clerk.
f.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy
of the required information.
g.
The present and proposed zoning.
h.
A complete list of the names and addresses of all property owners
within two hundred (200) lineal feet of any point of the property,
including those property owners across street rights-of-way and railroad
rights-of-way.
B.
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. 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 office of the City Clerk.
[Ord. No. 1914 §1(405.720), 5-6-2013]
A.
All
such applications shall be set down for hearing before the Commission
not later than the second (2nd) regular monthly meeting of the Commission
from the date of filing the same. Any such hearing may, for good cause
at the request of the applicant or in the discretion of the Commission,
be continued. At least fifteen (15) days' notice of the time and place
of such hearing shall be published in an official newspaper or a newspaper
of general circulation within the City and cause a sign or signs to
be placed on each parcel of land on which an application for a zoning
district change has been filed with the Zoning Commission. Such sign
or signs shall be placed on such land at least fifteen (15) days prior
to the public hearing to be held by the Zoning Commission, and shall
be posted in a conspicuous place upon such land at a point nearest
to the right-of-way of any street or roadway abutting such land, and
so as to be clearly visible to the traveled portion of such street
or roadway. The Building Commissioner shall determine the number of
additional signs to be placed that may be necessary to carry out the
intent of this Section. Such public notice sign shall contain information
indicating the date and time of public hearing, zoning change requested,
place where the public hearing is to be held and additional information
determined necessary to inform the public as to the nature of the
pending petition.
1.
The applicant will be responsible for notifying by mail all property
owners within the City limits whose property lies within two hundred
(200) lineal feet of that which has been requested to be rezoned.
Such notice shall be postmarked at least fifteen (15) days prior to
the hearing.
2.
Upon the final hearing of such application, the Commission shall
approve, conditionally approve, or deny the same and a report of its
action, together with a recommendation for final approval or denial,
shall be made by the Commission to the Board of Aldermen.
3.
Before acting upon any application for amendment, the Board of Aldermen
shall set a time and place for a hearing thereon, and at least fifteen
(15) days' notice of the time and place of such hearing shall be published
in a paper of general circulation in the City.
B.
The
Board of Aldermen may refer the application back to the Planning and
Zoning Commission for additional study before final decision; however,
no notice other than for the first (1st) public hearing need be given.
[Ord. No. 1914 §1(405.730), 5-6-2013]
A.
In
reviewing any petition for a zoning amendment, the Planning and Zoning
Commission shall identify and evaluate all factors relevant to the
petition, and shall report its findings in full, along with its recommendations
for disposition of the petition, to the Board. The facts to be considered
by the Commission shall include, but not be limited to, the following:
1.
How the proposed amendment would conform to the Comprehensive Plan.
2.
Why the existing zone district classification of the property in
question is inappropriate or improper.
3.
What major economic, physical, or social changes, if any, have occurred
in the vicinity of the property in question that were not anticipated
by the Comprehensive Plan and have substantially altered the basic
character of the area, which make the proposed amendment to the Zoning
District Map appropriate:
[Ord. No. 1914 §1(405.740), 5-6-2013]
In assessing the relevance or acceptability of a rezoning application, the burden of proof in justifying the request under the criteria outlined in Section 405.930 shall rest with the applicant, both before the Planning and Zoning Commission as well as the Board of Aldermen.
[Ord. No. 1914 §1(405.750), 5-6-2013]
A.
Confirming Planning And Zoning Commission Recommendation. All text and amendments to the Zoning Map, as described herein,
shall require only a simple majority vote by the Board of Aldermen
in those instances where the recommendation of the Planning and Zoning
Commission is in favor of the request.
B.
Overruling Planning And Zoning Commission Recommendation. In those instances where the Planning and Zoning Commission recommends
denial of the request, a seventy-five percent (75%) majority vote
of the Board of Aldermen shall be required to reverse the recommendation
of said Commission.
C.
Citizen
Protests. In case a protest against such revision or amendment is
presented, duly signed, notarized, and acknowledged by the owners
of more than thirty percent (30%) of the areas of the land (exclusive
of streets and alleys) included in such proposed change, or thirty
percent (30%) of the owners 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 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.
D.
Approval Of Rezoning Portion Of Property. The Planning 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.
E.
Approval Of Different Classification. 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.
District classification of the same type as referred to in this Section
shall include the "PD" Planned District when a petitioner proposes
a particular use and presents plans at or prior to the public hearing
which are substantially similar to those required by the "PD" rezoning
procedures respectively.
[Ord. No. 1914 §1(405.760), 5-6-2013]
Any amendment request, regardless of its source of initiation,
may be withdrawn upon receipt of written notice to the Building Commissioner
by the applicant from consideration at any point in the approval process,
prior to final action on the request by the Board of Aldermen.
[Ord. No. 1914 §1(405.770), 5-6-2013]
In the event that any application to amend the Zoning Map is
denied on final review by the Board of Aldermen, a reapplication for
the purposes of further review of the same application shall not be
accepted by the City until six (6) months following the date of final
action on the original application has elapsed, unless it can be shown
to the satisfaction of the Planning and Zoning Commission that substantial
new evidence not available during review of the original application
will be presented.
[Ord. No. 1914 §1(405.780), 5-6-2013]
A newly annexed area will retain the City zoning district equivalent
of its County zoning until the City zoning process is completed.
