§ 10.2.5. Process for Zoning Changes.

Before the Council may take final action on a proposed zoning change, the Planning Advisory Commission shall consider the proposal and the Council shall hold a public hearing on the proposal.

A.

Public Notice - Prior to Planning Advisory Commission.

1.

Notification to the General Public.

(A)

Posting of Property. A zoning change initiated by a party other than the City Council, the Planning Department, or the Planning Advisory Commission shall be heard at a public hearing only upon completion of posting of the property as provided herein.

(1)

At the time a petition for a zoning change is filed with the Planning Department, the petitioner shall post a sign or signs of wood or metal, at least 48 vertical inches by 72 horizontal inches in size, and with lettering of at least 3 inches in height in black letters on a white background, except that the existing and the proposed zoning districts shall be in red letters.

(a)

The sign shall list the name of the applicant, applicant's telephone number, address of property, present zoning, proposed zoning, proposed use of the property and the telephone number of the Planning Department.

(b)

A sign shall be placed within one foot of the public right- of-way along street frontage of the property at 500-foot intervals for which the zoning change has been requested.

(c)

If the property has 500 feet or less frontage, only one sign is required.

(d)

If the property has no street frontage, the sign shall be placed within one foot of the right-of-way of the street or road at each location from which access will be gained to the property.

(2)

The petitioner shall notify the Planning Department in writing that the signs have been erected and where they are located. The petitioner shall submit photos of said sign or signs.

(3)

The signs shall remain posted until final action has been taken by the Council or the application has been withdrawn.

(4)

The petitioner shall remove all "notice to rezone" signs within ten days after final action by Council.

2.

Mail Notice to Surrounding Property Owners. If the proposed zoning change was initiated by a party other than the City Council, the Planning Department or the Planning Advisory Commission, mail notice shall also be given to surrounding property owners as indicated below.

(A)

At least seven days prior to the Planning Advisory Commission meeting, the Planning Department shall mail a notice to all persons owning property located within 300 feet of the proposed property that is the subject matter of the zoning change. However, at the discretion of the Planning Director, notice shall be mailed to property owners beyond the 300 feet notification requirement. If the applicant is also the owner of the property adjacent to the proposed property to be rezoned, notice shall be mailed to property owners within 300 feet beyond the applicant-owned adjacent property, or farther if the Planning Director deems appropriate. The written notice shall be mailed to the property owners as such names and addresses appear on the County's ad valorem tax records.

(B)

The notice shall state the time, place and purpose of the Planning Advisory Commission meeting.

B.

Planning Advisory Commission Meeting. The meeting for zoning changes held by the Planning Advisory Commission shall be held within 21 days of receipt of a complete application for a minor zoning change, and within 45 days of receipt of a complete application for a major zoning change. The meeting shall be conducted in the manner indicated below.

1.

Convening of Meeting. The meeting shall be convened at the scheduled time and place by the Chairperson, the Vice-chairperson or the Planning Advisory Commission's designee, who shall act as the Presiding Official.

2.

Presentation of Proposed Zoning Changes. The Presiding Official shall call for each proposed zoning change to be presented to the Planning Advisory Commission.

3.

Public Presentations. No person in attendance shall speak unless first formally recognized by the Presiding Official.

(A)

Identification of Speakers. Upon rising to speak each person recognized shall state their name and home address.

(B)

Limits on Presentations. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning change.

(C)

Minimum Time for Discussion. Not less than ten minutes shall be provided for all of those speaking in support of a zoning change and not less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed.

(D)

Additional Presentations. If reasonable time limitations permit, any member of the general public may speak at a hearing. However, the applicant and nearby property owners shall be afforded the first opportunity to speak.

4.

Order of Presentation. The applicant shall be allowed to speak first in order to present the application. Others in support of the application may then speak, followed by those in opposition to the application. The applicant will then be allowed time for rebuttal. Rebuttal must be limited to points or issues raised by opponents to the application at the meeting.

5.

Questions by Planning Advisory Commission. During the meeting, the Planning Advisory Commission members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

6.

Action on Zoning Changes. Following the presentation on each zoning change, the Planning Advisory Commission at that time shall make its recommendation or take such other action as may be appropriate.

(A)

Approval of Motions. A motion to recommend approval or denial of an application must be approved by an affirmative vote of a majority of the members voting in order for the motion to be approved.

(B)

Failure of Motion to Approve. If a motion to recommend approval of an application fails, the application is automatically recommended for denial. If a motion to recommend denial of an application fails, another motion would be in order.

(C)

Effect of Tie Vote. A tie vote on any motion shall be deemed to be no action, and shall automatically be tabled until the next scheduled meeting of the Planning Advisory Commission. Should a tie vote result at the next scheduled meeting, the application will then go forward to the Council with no recommendation.

(D)

Failure to Take Action. If no action is taken on an application, it will go forward to the Council with no recommendation.

C.

Planning Department Review.

1.

Report for Zoning Change Approval . A Planning Department staff report with a recommendation of approval or conditional approval for a zoning change shall be delivered to the Clerk of Council's Office. At such time, Planning Department will advertise the date, time, and place for the public hearing in accordance with Section 10.2.5.C.4(A).

2.

Report for Zoning Change Denial . A Planning Department staff report with a recommendation of denial for a zoning change shall be delivered to the Clerk of Council's Office. The applicant for the change shall appeal the recommendation to the City Council.

3.

Notification for Affected Councilors . The Planning Department shall notify a City Councilor of a proposed rezoning case in his/her council district. Said notification shall take place upon submittal of the staff report(s) to the Clerk of Council. At-large Councilors shall be notified of all proposed rezoning cases upon submittal of the staff report(s) to the Clerk of Council.

(A)

Time Period for Appeal . An appeal shall be made within two weeks after the Clerk of Council receives the recommendation of the Planning Department.

(B)

Effect of Appeal . If the applicant appeals, the Clerk of Council will notify the Planning Department. At such time, Planning Department will advertise the date, time, and place for the public hearing in accordance with Section 10.2.5.C.4(A). If no appeal is made, the Council shall consider the petition withdrawn by the applicant.

4.

Public Notice - Prior to Council public hearing .

(A)

Notification to the General Public .

(1)

Newspaper Advertisement .

(a)

At least 15 days but not more than 45 days prior to the public hearing, notice shall be published in a newspaper of general circulation within the city. The Planning Department shall prepare such notice, which shall state the time, place and purpose of the hearing.

(b)

The published notice shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property or the special exception use requested.

(2)

Mail Notice to Surrounding Property Owners . If the proposed zoning change was initiated by a party other than the City Council, the Planning Department or the Planning Advisory Commission, mail notice shall also be given to surrounding property owners as indicated below.

(a)

At least seven days prior to the City Council meeting, the Planning Department shall mail a notice to all persons owning property located within 300 feet of the proposed property that is the subject matter of the zoning change. However, at the discretion of the Planning Director, notice shall be mailed to property owners beyond the 300 feet notification requirement. If the applicant is also the owner of the property adjacent to the proposed property to be rezoned, notice shall be mailed to property owners within 300 feet beyond the applicant-owned adjacent property, or farther if the Planning Director deems appropriate. The written notice shall be mailed to the property owners as such names and addresses appear on the County's ad valorem tax records.

(b)

The notice shall state the time, place and purpose of the City Council meeting.

D.

City Council Public Hearing.

1.

Scheduling of First Reading. At the hearing when the proposed zoning change is scheduled to be considered, a first reading of the ordinance will be held. The City Attorney will conduct the public hearing and act as the Presiding Official.

2.

Call for Proposed Zoning Changes. The Presiding Official shall call for each proposed zoning change to be presented to the City Council.

(A)

Presentation of Recommendation. As each application for a zoning change is called for consideration, the Presiding Official shall read the recommendation of the Planning Division and shall present such other documentation, as deemed pertinent.

(B)

Public Presentation. No person in attendance shall speak unless first formally recognized by the Presiding Official.

(C)

Identification. Upon rising to speak each person recognized shall state their name and home address.

(D)

Limits of Presentations. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning change.

(E)

Minimum Limit for Presentations. Not less than ten minutes shall be provided for all of those speaking in support of a zoning change and no less than ten minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed.

(F)

Additional Presentations. If reasonable time limitations permit, any member of the general public may speak at a hearing. However, the applicant and nearby property owners shall be afforded the first opportunity to speak.

3.

Order of Presentations. The applicant shall be allowed to speak first in order to present the application. Proponents of the application may then speak, followed by those in opposition to the application. The applicant will then be allowed time for rebuttal. Rebuttal must be limited to points or issues raised by opponents to the application at the hearing.

4.

Questions by Council Members. During the public hearing, the City Council members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

5.

Continuances. The City Council may provide a continuance of the application to a subsequent meeting.

6.

Vote on Applications. There shall be an interval of at least one week between the public hearing and the City Council vote on the application. When the ordinance is called, action shall be taken by vote of the City Council as provided herein.

(A)

Approval of Motions. A motion to approve or deny an application must be approved by an affirmative vote of a majority of the members voting in order for the motion to be approved.

(B)

Effect of Failure to Approve. If a motion to approve an application fails, the application is automatically denied. If a motion to deny an application fails, another motion would be in order.

(C)

Effect of a Tie Vote. A tie vote on a motion for approval of an application shall be deemed a denial of the application. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(D)

Effect of No Action. If no action is taken on an application, it shall be considered tabled and action deferred to the next regular meeting of the City Council.

7.

City Council Action. In taking action on an application, the City Council may:

(A)

Approve the proposal or approve it with conditions, in whole or in part; or

(B)

Approve a zoning district other than that proposed by the applicant on all or any portion of the property; or

(C)

Deny the proposal; or

(D)

Allow withdrawal if so requested by the applicant; or

(E)

Table the proposal for consideration at its next scheduled meeting; or

(F)

Refer the application back to the Planning Advisory Commission for further consideration.

E.

Referral to Planning Advisory Commission for Further Consideration. If the City Council refers the application back to the Planning Advisory Commission for further study, the following actions shall occur.

1.

Public Notice. The Planning Division shall give public notice of the Planning Advisory Commission's meeting for further consideration in the same manner as described in Section 10.2.5.A, and the Planning Advisory Commission shall conduct its additional meeting and take action as described in Section 10.2.5.B.

2.

City Council Action. After the Planning Advisory Commission's further consideration and recommendation on the referred application, the City Council shall follow the same procedure set forth in Section 10.2.5.C. and Section 10.2.5.D. to consider the application.

(Ord. No. 09-16, § 1, 4-3-09; Ord. No. 12-53, §§ 1, 2, 12-4-12; Ord. No. 14-2, § 4, 1-14-14; Ord. No. 14-19, § 1, 5-27-14)