This ordinance, including the official zoning map, may be amended from time to time by the city council as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission falls to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment.

When the public necessity, convenience, general welfare, or good zoning practice justify such action, and after the required review and report by the planning commission, the city council may undertake the necessary steps to amend the zoning ordinance.

Requests to amend the zoning ordinance shall be processed in accordance with the following requirements:

(1402.1) Initiation of amendments. A proposed amendment to the zoning ordinance may be initiated by the city council, the planning commission, or by application by the owners of the property proposed to be changed, provided, however, that action shall not be initiated for a zoning amendment affecting the same parcel or parcels of property or any part thereof, and requesting the same change in district classification by a property owner or owners of more often than once every 12 months.

(1402.2) Application procedure. Application forms for amendment requests shall be obtained from the building inspector. Completed forms, together with an application fee to cover administrative costs, plus any additional information the applicant feels to be pertinent, will be filed with the building inspector. Any communication purporting to be an application for an amendment shall be regarded as a mere notice to seek relief until it is made in the form required.

Applications for amendments must be submitted in proper form at least seven weeks prior to a regularly scheduled planning commission meeting.

Application fees shall be forwarded by the city clerk who shall supervise the application of same to the costs of advertising and other administrative expenses.

(1402.3) Public hearing on zoning amendments.

(1)

Procedure for calling:

(a)

All amendments to the City of Bloomingdale zoning ordinance not initiated by the city council require a minimum of one public hearing. Additional public hearings may be held, if deemed appropriate by the local governing authority.

(b)

Prior to scheduling the required public hearing applicants shall first complete all submission requirements contained in the City of Bloomingdale's zoning ordinance (e.g., forms, fees, deeds, maps, etc.).

(c)

The city clerk shall then forward the application to the planning commission which shall instruct the city clerk to notify the applicant of the date, time, and place of the required public hearing.

(d)

At least 15, but not more than 45 days prior to the scheduled public hearing[,] the city zoning administrator shall publish in the newspaper of general circulation, notice of the date, time, place, and purpose of the public hearing.

(e)

If a zoning amendment is for the rezoning of property, then the public shall also include:

(1)

The location of the property;

(2)

The present zoning classification of the property; and

(3)

The proposed zoning of the property.

(f)

Adjacent property owners shall be notified in writing of the date, time, and place of the public hearing and proposed changes.

(g)

Not less than 15 days prior to the date of the public hearing the city zoning administrator shall post in a conspicuous location on the property in question a sign which shall contain information regarding the proposed rezoning; specifically, the date, time, place and purpose of the public hearing.

(h)

No official action shall be taken on the proposed amendment by city council until after at least one public hearing has been conducted.

(i)

The primary goal of conducting a public hearing on a proposed zoning amendment shall be to solicit pertinent factual information which will be beneficial in helping the planning commission and the city council judge the merits of each specific proposed amendment.

(2)

Procedure for conducting:

(a)

All public hearings on zoning amendments shall be chaired by either the chairman of the planning commission or the mayor.

(b)

A secretary shall record the proceedings of the public hearing. If requested by any party, verbatim transcripts of the public hearing can be prepared but only if requested and purchased in advance by the requesting party.

(c)

The record of the public hearing and all evidence submitted at the public hearing shall be recorded as such and become a permanent part of the particular zoning amendment's file.

(d)

The chairman of the planning commission or mayor shall preside at the public hearing and shall identify speakers, maintain order, and conduct the public hearing.

(e)

The process to be followed in conducting these hearings shall be as follows:

(1)

The presiding officer shall open the hearing by stating the specific zoning amendment being considered at the public hearing.

(2)

The presiding officer shall determine the number of attendees who desire to testify or present evidence at the hearing.

(3)

When there are a large number of individuals wishing to testify at a hearing, the presiding officer may invoke time limits on individual speakers. In such cases, these time limits shall apply to all speakers.

(4)

The presiding officer shall recognize the individual parties wishing to testify or present evidence and allow them to present this information.

(5)

Once all parties have concluded their testimony, the presiding officer shall adjourn the public hearing.

(1402.4) Final action on proposed amendments.

(1)

The request for the zoning amendment shall then be reviewed at the next regularly scheduled planning commission meeting.

(2)

After review of the proposed amendment by [the] planning commission, the recommendation shall be forwarded to city council for consideration.

(3)

The amendment shall be deemed approved by the planning commission if the planning commission fails to approve or disapprove within 30 days of the public hearing.

(4)

If the proposed amendment is disapproved by the planning commission, it shall require the favorable vote of a majority of the entire membership of the city council to make the amendment effective.

(5)

Following the final action by the city council on rezoning, any necessary changes to the official zoning map shall be made by the city clerk. The clerk shall also maintain a written record of the type and date of such changes.

APPENDIX A.1

CRITERIA GOVERNING ZONING AMENDMENT REQUESTS

(Ord. of 1-2-1986)