The regulations, restrictions, boundaries and provisions of this chapter may from time to time be amended, supplemented, changed, modified or repealed by the mayor and city council of Delaware City.

A request for a zoning classification change for particular properties or areas may be initiated by the mayor and city council, the planning commission, any department or agency of the City of Delaware City, by the owner of any property or the prospective owner of the property.

Any petition for an amendment to a zoning classification submitted by the owner of any property or the prospective owner of any property for a change to the zoning map or a comprehensive plan designation shall be filed with the city manager at least ten days prior to the date on which it is to be introduced to the mayor and council. All such petitions must be signed or joined by the owner of the property. The petition shall be signed, be in duplicate, and shall contain at least the following:

(a)

The applicant's name in full, applicant's address or description of the property to be rezoned.

(b)

Applicant's interest in the property and the type of zoning classification change requested.

(c)

An accurate diagram of the property proposed for a zoning classification change showing:

(1)

All property lines with dimensions including North arrow.

(2)

Adjoining streets with rights-of-way and paving widths.

(3)

The location of all structures, the use of all land.

(4)

The zoning classification of all abutting zoning districts.

(5)

Comprehensive site plan if the application is for commercial, industrial or multi-family development.

(d)

A statement regarding the changing conditions, if any, in area or in the city generally, that make the proposed amendment reasonably necessary to the promotion of public health, safety, and general welfare.

(e)

All required fees.

The city council shall, in its discretion, determine if the petition for a zoning classification change should be referred to the planning commission for review. If the city council does not refer the petition to the planning commission, the application fee shall be refunded to the applicant and no further action shall be taken regarding the petition.

Following affirmative referral by the city council of the zoning classification change request to the planning commission for review and recommendation, at the request of the applicant, an ordinance to change the zoning classification shall be proposed for a first reading before the council following receipt of the planning commission's recommendation. If the zoning classification change also requires an amendment to the city's comprehensive development plan, the planning commission shall not provide any recommendation to the city council until after a public hearing, submission of the application to the Preliminary Land Use Service Review ("PLUS"), and the planning commission's consideration of written comments received from PLUS. In considering whether to recommend a petition for a zoning classification change, the planning commission shall consider all of the following factors: (a) consistency with the comprehensive development plan and the purposes of this chapter; (b) consistency with the character of the neighborhood; (c) consistency with zoning and use of nearby properties; (d) suitability of the property for the uses for which it has been proposed or restricted; and (e) effect on nearby properties. The applicant shall bear all costs and expenses incurred by the city for PLUS review. Upon recommendations of the planning commission, the application will be scheduled for a second reading, public hearing and vote by city council in accordance with this Code and/or the City Charter. In voting whether to approve a zoning classification change, the city council shall consider all of the following factors: (a) consistency with the comprehensive development plan and the purposes of this chapter; (b) consistency with the character of the neighborhood; (c) consistency with zoning and use of nearby properties; (d) suitability of the property for the uses for which it has been proposed or restricted; and (e) effect on nearby properties.

(Ord. No. 15-1221-01, 2-1-2016; Ord. No. 21-0315-02, § 4, 8-5-2021)

Any petition for an amendment to this chapter may be withdrawn at any time at the discretion of the person initiating such a request, upon written notice to the city manager.

When the mayor and city council shall have denied any application for the change of any zoning district, it shall not, thereafter, accept any other application for the same change of zoning district affecting the same property, or any portion thereof, until the expiration of six months from the date of the previous denial.

In the case of a protest against an amendment, supplement, change, modification or repeal signed by the owners of 20 percent or more of the area of the lots in the proposed change, or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment, supplement, change, modification or repeal shall not become effective except by favorable vote of three-fourths of all members of the mayor and city council.

No such amendment, supplement, change, modification or repeal shall become effective until a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notices of such hearing shall be posted at Delaware City Town Hall and other areas throughout the town, and published once each week for two consecutive calendar weeks in a newspaper of general circulation in the City of Delaware City; said notice to be published in the first time not less than 15 days prior to the date established for such public hearing.

In addition to the requirements as set forth above, any amendment to the zoning chapter, which changes the zoning of a particular parcel, shall comply with the requirements of article XII, Interpretation and Administration, section 46-110 of the zoning chapter of the City of Delaware City.