(A)

Amendment policy.

(1)

Reason for amendment. This ordinance, including the zoning map, is based on comprehensive planning studies and is intended to carry out the objective of sound and desirable development. It is recognized that casual amendment of the ordinance would be detrimental to the achievement of that objective, and it is therefore declared to be the public policy to amend this ordinance only when one (1) or more of the following conditions prevail:

(a)

Error. There is a demonstrable error in the ordinance, or in the plan on which is based;

(b)

Change in condition. Changed or changing conditions in a particular area, or in the city or metropolitan area generally, make an amendment to the ordinance necessary and desirable;

(c)

Increase in need for sites. Need for a change in the balance of land uses makes it necessary and desirable to reclassify an area or to extend the boundaries of an existing district;

(d)

Annexation. It is necessary and desirable to classify territory hereafter annexed to the city to a district classification other than the R-1 district: One-family residence district classification.

(2)

Limitations on proposed amendments. Proposed amendments to this ordinance shall be subject to the following limitations:

(a)

Minimum areas for new districts. New districts, but not including additions to existing districts of the same classification, created by amendment shall contain at least the following areas:

R-1 district: No minimum area.

R-2 district: Two (2) acres, except where the proposed district would abut an existing R-3, R-B, B-1, B-1H, B-2, B-3, H-1, SD, I-1 or I-2 district.

R-3 district: Two (2) acres, except where the proposed district would abut an existing R-B, B-1, B-1H, B-2, B-3, H-1, SD, I-1 or I-2 district.

R-B district: Three (3) acres, except where the proposed district would abut an existing B-1, B-1H, B-2, B-3, H-1, SD, I-1 or I-2 district.

B-1 district: Three (3) acres, except where the proposed district would abut an existing B-1H, B-2, B-3, I-1 or I-2 district.

B-1H district: Three (3) acres, except where the proposed district would abut an existing B-2, B-3, I-1 or I-2 district.

B-2 district: Six (6) acres, except where the proposed district would abut an existing B-3, I-1 or I-2 district.

B-3 district: There will be no additional freestanding B-3 zoning districts. Proposed B-3 zoning must be a direct extension of the existing B-3 zone.

H-1 district: Three (3) acres, except where the proposed district would abut an existing H-1 district.

SD district: There will be no additional freestanding SD zoning districts. Proposed SD zoning must be a direct extension of the existing SD zone.

I-1 district: Six (6) acres, except where the proposed district would abut an existing I-2 district.

I-2 district: Twenty (20) acres.

F-A-R district: No minimum area.

CO/conditional overlay district: No minimum area.

PUD/planned unit development district: Forty (40) acres. The planning commission and city council may consider a lesser area upon sufficient justification by the applicant that the proposed application meets the intent of these regulations and the Comprehensive Plan of the City of Florence.

(b)

Need for uses. There shall be a clear and demonstrated need in the area for those uses permitted in the proposed district and not permitted in a more restrictive district.

(B)

Amendment procedure.

(1)

Amendment application. An amendment to this ordinance may be initiated by the city council on its own motion or by the city planning commission. An amendment may also be initiated by any person, firm or corporation by filing a written application thereof with the planning department. The application for amendment shall contain at least the following:

(a)

Interest and ownership. The applicant's name, address and interest in the application, and the name, address and interest of every person, firm or corporation represented by the applicant in the application or holding an interest in the application; the name of the owner or owners of the entire land area to be included within the proposed district; the name of the owner or owners of all structures then existing thereon and sufficient evidence to establish that the applicant has the right of possession to the land area and structures; the names and addresses of all owners of adjacent property;

(b)

Site plan. If the proposed amendment would require a change in the zoning map, a site plan showing the land area which would be affected, easements bounding and intersecting the designated area, the locations of existing and proposed structures with supporting open facilities, and the ground area to be provided and continuously maintained for the proposed structure or structures; site plan requirements are outlined on the application for planning commission review available in the Florence Planning Department.

(c)

Development schedule. The time schedule for the beginning and completion of development planned by the applicant in the area; if the development is planned in stages, the time schedule shall indicate the successive stages and the development planned for each stage;

(d)

Other information. Additional information as may be required by the planning department to fully describe the proposed amendment.

(e)

Error. The error in this ordinance that would be corrected by the proposed amendment, if the intent, is to correct an error.

(2)

Planning disposition. Following receipt of an application, the planning commission shall hold a public hearing thereon.

(a)

Additional information. Furnish the planning commission with such additional information as it may request;

(b)

Owners of surrounding property. If the proposed amendment would require a change in the zoning map, furnish the planning commission with the name, description of property owned and mailing address of each owner of property abutting and across streets or alleyways from the property the classification of which is sought to be changed. The list of abutting property owners must be prepared and certified as outlined on the application for planning commission review obtained from the planning department.

The commission shall also notify the owners of surrounding property by mail as the names and addresses of such owners have been furnished by the applicant and shall post a notice of such hearing on the property included within the proposed district.

The planning commission shall hold a public hearing, and shall prepare a record of its proceedings on each use. The record shall be filed in the office of the commission and shall be a public record; a certified copy of the record, together with the planning commission's recommendation and the grounds thereof, shall be transmitted to the city council.

(3)

Legislative disposition. The city council shall examine all such applications, reports and recommendations transmitted to it and shall take such further action as it deems necessary and desirable. Before enacting any amendment, the city council shall hold a public hearing thereon and shall give public notice thereof, as required by law.

(a)

Conditions. If property is rezoned by the council and subsequently not developed, the council may consider a recommendation by the planning commission to hold a public hearing to reclassify the property to its former zoning until such time as another development plan is submitted for review and approval.

(b)

Reconsideration. No land for which an application for reclassification has been denied by the city council shall be considered again by the planning commission or the city council for the same classification for at least one (1) year from the date such application was denied.