[R.O. 2014 §430.010; Ord. No. 201 §705.1, 11-14-1967]
The Board of Aldermen may, from time to time, amend, supplement, change, modify or repeal such regulations, restrictions and boundaries contained in this Title whenever the public necessity, convenience or general welfare requires; provided such amendment, change, supplement, modification or repeal, shall have first been submitted to the Planning and Zoning Commission for its review and report as to the compatibility with the Comprehensive Plan.
[R.O. 2014 §430.020; Ord. No. 201 §705.21, 11-14-1967]
[R.O. 2014 §430.030; Ord. No. 201 §705.22, 11-14-1967]
A proposal for an amendment made under Section 430.020 (3) above, must be filed with the City, on approved forms, at least ten (10) days prior to any regular meeting of the Zoning Commission. A filing fee of twenty-five dollars ($25.00) shall be submitted with the application and the applicant shall pay for all costs of required publication.
[R.O. 2014 §430.040; Ord. No. 201 §705.23, 11-14-1967]
Upon receipt of a valid proposal for an amendment as outlined in Sections 430.020 and 430.030 above, the Legislative Body shall set a date for a public hearing. A published notice of the hearings shall appear once, in the official newspaper of the City, or a paper of general circulation, at least fifteen (15) days prior to such hearing. Such notice shall include at least the following information:
[R.O. 2014 §430.050; Ord. No. 201 §705.24, 11-14-1967]
Upon receipt of an application as outlined in this Chapter, the Board of Aldermen shall refer said application to the Zoning Commission for its review and report.
[R.O. 2014 §430.060; Ord. No. 201 §705.25, 11-14-1967; Ord. No. 1336 §1, 5-8-2008]
A notice shall be posted in a conspicuous place on or near the property on which the action is pending. Such notice shall be posted at least fifteen (15) days prior to such hearing.
[R.O. 2014 §430.070; Ord. No. 201 §705.26, 11-14-1967]
Protests against such amendment or change may be filed in the office of the City Clerk at least five (5) days prior to the public hearing on petitions duly signed and acknowledged by the owners of thirty percent (30%) or more of either the area 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 distance from the boundaries of the district proposed to be changed.
[R.O. 2014 §430.080; Ord. No. 201 §705.27, 11-14-1967]
Upon receipt of the recommendation of the Zoning Commission, and after public hearing, duly published and notices properly given, the Board of Aldermen may approve or deny the application; except that if a valid protest has been filed, the application shall not be adopted except by at least a two-thirds (2/3) majority vote of all members of the Board of Aldermen. If the application effects the boundaries of any zone, the ordinance shall define the change of boundary, as approved, and shall order the official map to be changed, and shall amend the section incorporating the same and reincorporate such map as amended.
[R.O. 2014 §430.090; Ord. No. 201 §705.28, 11-14-1967]
An application for a special use, as listed in Section 410.140 shall be filed with the Zoning Commission, on approved forms, at least twenty-five (25) days prior to any regular meeting of the Zoning Commission.
After public hearing, the Zoning Commission may approve or deny said application. The decision of the Zoning Commission shall be final unless appealed to the Board of Aldermen of the City within fourteen (14) days of the date of the decision of the Zoning Commission.
[Ord. No. 1770 § 1, 5-25-2017]
Following the closing of the public hearing, the Planning and Zoning Commission shall prepare a report making a recommendation to the Board of Aldermen on the proposed zoning map amendment. In making its recommendation to the Board of Aldermen, the Commission shall consider the following factors:
The zoning, uses, and character of the neighborhood.
The suitability of the subject property for the uses to which it has been restricted within its current zoning district.
The extent to which removal of the restrictions will detrimentally affect nearby properties.
If the property is vacant or undeveloped, the amount of time it has been so and the opportunity to be occupied or developed within its current zoning district in the fixture.
A comparison of the current zoning district's burdens imposed upon the property owner and the relative gain to the public health, safety, and welfare.
The conformance of the proposed zoning map amendment with the adopted comprehensive plan.
The availability of adequate public services (streets, water, sewer, etc.) to serve the property if developed and occupied as allowed by the proposed zoning district.
The support for, or opposition to, the proposed zoning map amendment from neighborhood residents and surrounding property owners.
The recommendation of the professional staff.