Whenever public necessity, public convenience, public welfare, good zoning practices, an annexation or a property owner request requires, Council may by code, after recommendation thereon by the Planning Commission and subject to the procedure provided in this chapter, amend, supplement or change the regulations, district boundaries or classifications or property, now or hereafter established by this Code or amendments thereof. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or agent for an owner of property within the area proposed to be changed or affected by this Code.

(Ord. 08-33. Passed 5-4-09.)

   Applications for any change of district boundaries or classifications for a property or properties, or for any amendments to this Code shall follow these procedures:

   (a)   A complete application shall be submitted to the office of the Service Director.

   (b)   No later than ten business days after receipt of the complete application, the Service Director shall forward the application to the Clerk of Council.

   (c)   The Clerk shall forward the application to the Law Director to prepare the Code. The Law Director shall prepare the Code and forward the Code and application to the Clerk.

   (d)   The Clerk shall place the application on the agenda for the first reading before Council and for referral to the Planning Commission.

   (e)   Within ten business days, after its first reading before Council, the Clerk shall refer the application to the Planning Commission through the Service Director's office.

   (f)   The Service Director's office shall schedule a public hearing on the agenda for the Planning Commission not earlier than 15 days after the first reading of Council.

   (g)   Planning Commission shall hold at least one public hearing, with prior notice to the public being given by:

      (1)   Publication of notice in one newspaper of daily circulation in the City of Newark seven days prior to the public hearing, and

      (2)   In those instances where less than five separate property owners are involved in the change of district or classification, notification by U.S. Mail to all property owners within 300 feet of any property seeking such change of district or classification.

   (h)   Planning Commission shall complete all public hearings within 45 days after receiving the referral of the application from Council.

   (i)   Planning Commission, following such procedures as Planning Commission may establish, shall within 55 days after the public hearing vote on a recommendation to be forwarded to Council. The Planning Commission shall recommend either approval as submitted, approval with modifications or restrictions, or denial.

   (j)   Within five business days after Planning Commission's vote, the Planning Commission's written recommendation shall be forwarded to the Clerk of Council.

   (k)   The Clerk of Council shall schedule at least one public hearing, with notice to the public to be published one time in a newspaper of daily circulation within the City at least seven days prior to the date of the public hearing. Such public hearing shall constitute the second reading of the proposed code.

   (l)   Council shall complete all public hearings within thirty days after receipt of Planning Commission's written recommendation.

   (m)   Within sixty days after receipt of Planning Commission's written recommendation, Council shall vote on the application. An affirmative vote of at least six Council members shall be necessary to adopt or defeat a zoning ordinance as to which the Planning Commission has recommended approval as submitted or approval as modified or restricted. An affirmative vote of at least seven Council members shall be necessary to adopt a zoning ordinance which Planning Commission has recommended against.

(Ord. 08-33. Passed 5-4-09; Ord. 23-22-A. Passed 9-5-23.)

   A complete application shall consist, at minimum, of the following:

   (a)   A completed form, as may be prepared and modified from time to time by Planning Commission, describing the property, its current zoning, its current use, the owner, and the requested new zoning classification. The form shall be signed by the property owner or designated agent.

   (b)   A legal description of the property in question. (When one piece of property is to be divided into more than one zoning district, each portion of the property separately zoned shall be separately described.)

   (c)   A plat map from the County Engineer's office, a surveyor's drawing showing not only the property in question, but also all properties within 500 feet of any part of the property to be zoned.

   (d)   A drawing showing the location and uses of all buildings on the property to be zoned.

   (e)   A list of names and tax mailing addresses for all owners of property lying within 300 feet of any part of the property to be zoned.

   (f)   A check payable to the City of Newark with the fee established by Council.

(Ord. 08-33. Passed 5-4-09.)

   Prior to making a recommendation to Council on any rezoning, Planning Commission shall take into consideration matters of municipal planning and land use. Items to be considered may include, but are not limited to, topography, utility availability and capacity, floodways and floodplains, traffic counts and flows, curb cuts and access issues, existing neighboring land uses, and potential future land uses of adjoining or nearby land.

(Ord. 08-33. Passed 5-4-09.)

   Whenever the Council has received a change or amendment of the Zoning Map from a less restricted district to a more restricted district classification, the Council shall notify the Division of Code Administration. In such case, the Division of Code Administration shall not issue a zoning certificate for sixty days, beginning on the date Council received the resolution, which would authorize the construction of a building or the establishment of a use, which would become nonconforming under the contemplated redistricting plan.

(Ord. 08-33. Passed 5-4-09.)