§ 40-638. Amendment to the official zoning map or overlay district map.

(a)

Authority to amend. The City Council may amend any boundary of a zoning district or overlay district as shown on the official zoning map or overlay district map, subject to compliance with the requirements of this section.

(b)   

Authority to initiate. An application to amend the official zoning map or overlay district map may be initiated by the City Council or the City Planning Commission. In addition, any person, firm, corporation, or agency may initiate by application to the Zoning Administrator a proposal to amend the official zoning map or overlay district map, provided the individual, firm, corporation, or agency is the owner or owner's agent of the property involved in the application.

(c)

Application. Applications to amend the official zoning map or overlay district map shall require submittal of an application fee, application form, and supporting materials specified by this section in advance by the Zoning Administrator. No application described in this section shall be processed by the Zoning Administrator unless it is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this section. If an application described and regulated by this section does not comply with all the submission requirements of this section, the Zoning Administrator may reject the application and refuse to process it. The Zoning Administrator shall waive the application fee required by this section when an application is initiated by the City Council or the Planning Commission.

(d)

Application requirements. No application specified in this section shall be processed by the Zoning Administrator unless it meets the requirements of this section as follows:

(1)

Application fee as established by resolution of the City Council;

(2)

Application form furnished by the Zoning Administrator, including signed and notarized signature of property owner;

(3)

Metes and bounds legal description of the property;

(4)

Boundary survey plat of the property; provided, however, that where no survey is available, the Zoning Administrator may, but is not obligated to, accept a map of the subject property from the Newton County Tax Assessors or other reliable source;

(5)

Letter of intent describing the proposed use of the property or other action requested, which may include any special conditions voluntarily made by the applicant as a part of the request. The applicant is also strongly encouraged to address the extent to which the application meets the criteria specified in this section for amendments to the official zoning map or overlay district map; and

(6)

Site plan of the property and proposed development at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements. Site plans must show existing roads and streams, floodplains and wetlands where applicable, existing and proposed buildings and structures, parking and loading areas as may be applicable, areas of existing vegetation or parts of the site to be landscaped, conceptual information about drainage and stormwater management, and other information as reasonably required by the Zoning Administrator.

(e)

Referral to and recommendation by Planning Commission. Upon receipt of a completed application to amend the official zoning map or overlay district map or within a reasonable time thereafter, the Zoning Administrator shall refer the application to the City Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the application. The Planning Commission shall make a recommendation on the application within 30 days of the meeting it is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven working days of the decision. The recommendation and any report shall, upon publication, be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding on the City Council.

(f)   

Notice of City Council public hearing. At least 15 but not more than 45 days prior to the date of the public hearing before the City Council, the Zoning Administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries of the City a notice of the public hearing on the application. The notice shall state the time, place, and purpose of the public hearing. If the application is initiated by a party other than the City Council or the Planning Commission, then, in addition, notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and a sign containing the required information shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the public hearing before the City Council and which shall remain through the date of any public hearings advertised thereon.

(g)

Criteria for amendments to official zoning map. The following criteria are considered applicable or potentially applicable:

(1)

Whether the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property.

(2)

Whether the proposal will adversely affect the existing use or usability of adjacent or nearby property.

(3)

Whether the property to be affected by the proposal has a reasonable economic use as currently zoned.

(4)

Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

(5)

Whether the proposal is in conformity with the policy and intent of the comprehensive plan, including the future development map and future land use plan map.

(6)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposal.

(7)

Whether the proposal would create an isolated zoning district unrelated to adjacent and nearby districts.

(8)

Whether the proposal would have an impact on the environment, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality.

(h)

City Council public hearing and action. The City Council shall hold a public hearing on the application as advertised and after review and recommendation by the Planning Commission. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's recommendation will be available. In rendering a decision on any such application, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for amendments to the official zoning map as prescribed in this section. The City Council may approve or disapprove the application as proposed, or it may place conditions of approval on the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator of the decision within seven working days of the decision.

(i)

Withdrawal. Any application for an amendment official zoning map or overlay district map may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Zoning Administrator, up until the public hearing by the City Council. When any application is initiated by a party other than the City Council or the Planning Commission, no refund of the required application fee or portion thereof shall be made once the application has been scheduled for public hearing.

(j)

Limitations on the frequency of filing applications. No application regulated by this section and affecting the same or any portion of property which was denied by the City Council shall be accepted for filing by a property owner until 12 months shall have elapsed from the date the application was denied by the City Council. The same or any portion of property previously considered in a zoning map amendment which was denied by the City Council may not again be initiated until the expiration of at least six months immediately following the final decision rendered on the application by the City Council.

(Code 1997, § 40-1003; Ord. of 2-6-2012, § 1(40-1003))