Overland City Zoning Code
ARTICLE XII
Amendments
Section 400.740 Authority of City Council.
[CC 1976 App. A §12.01; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord. No. 2024-08, 5-13-2024]
A.
The City Council shall have the authority to amend, supplement, reclassify, change, modify, or repeal by ordinance the text or map of the Zoning Code in accordance with the provisions of this Article. Amendment, supplement, reclassification, change, modification, or repeal may be initiated by:
B.
Such resolution of intention, or verified application, or proposed amendment initiated by City staff shall hereinafter be referred to as the "proposed zoning amendment."
Section 400.745 Requirements.
[CC 1976 App. A §12.02; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord. No. 2003-11 §1, 2-24-2003; Ord. No. 2024-08, 5-13-2024]
A.
Resolution Of Intention. Whenever a proposed zoning amendment is initiated by a resolution of intention of either the Planning and Zoning Commission or City Council, the resolution shall be filed with the City Clerk with a copy to the Director of Community Development and contain the following information:
B.
Verified Application. Whenever the proposed zoning amendment is initiated by verified application, the application shall be filed with the City Clerk with a copy to the Director of Community Development and contain the following:
1.
In the case of textual change, the proposed new text indicating existing text to be deleted and new text to be added.
2.
In the case of Zoning Map change, the application shall include:
a.
A legal description and locator number of the property.
b.
A scaled map of the property, correlated with the legal description, and clearly showing the property's location.
c.
The name and address of the petitioner.
d.
The petitioner's interest in the property, and if the petitioner is not the owner, the name and address of the owner(s) and the written consent of the owner(s).
e.
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.
f.
The present and proposed zoning designation and reasons for the proposed change.
g.
A complete list of the names and addresses of all property owners of record as of the date of filing the application within three hundred (300) lineal feet (exclusive of streets, alleys, and other rights-of-way) of any point of the property, including those property owners across street rights-of-way and railroad rights-of-way.
C.
Initiated By City Staff. Whenever a proposed zoning amendment is initiated by City staff, the proposed zoning amendment shall be presented to the Planning and Zoning Commission at the next available Planning and Zoning Commission meeting for consideration. The proposed zoning amendment shall contain the following:
1.
In the case of textual changes, the proposed new text indicating existing text to be deleted, if any, and new text to be added.
2.
In the case of a Zoning Map change, the locator number of the property or other definite designation and the current zoning and proposed zoning designation.
An application for either a text amendment or rezoning shall comply with and be in accordance with the format and procedures governing the same as adopted by the Planning and Zoning Commission. In all cases where an application is initiated by a verified application, the application shall be accompanied by a fee of two hundred fifty dollars ($250.00). |
Section 400.750 Hearings.
[CC 1976 App. A §12.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
A.
Before Planning And Zoning Commission.
1.
Upon receipt or adoption of a resolution of intention or an application for a proposed zoning amendment, the Commission shall set a public hearing, to be held not later than the second (2nd) monthly meeting of the Commission from the date of filing the same. Any such hearing may, for good cause at the request of the applicant, or in the discretion of the Commission, be continued. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation within the City and a paper authorized to publish legal notices.
2.
If the proposed zoning amendment is to the Zoning Map and is initially proposed by verified application, the applicant shall be responsible for notifying, by registered or certified mail, all property owners within the City limits whose property lies within three hundred (300) lineal feet of that which has been requested to be rezoned. Such notice shall be postmarked at least fifteen (15) days prior to the hearing. Evidence of this required notice, including either copies of the mail return cards or the certified or registered mail receipts, shall be submitted, along with a sample copy of the notice, to the Director of Public Works for record purposes at least three (3) days prior to the public hearing.
3.
Upon conclusion of the public hearing regarding such proposed zoning amendment, the Commission shall approve, deny, or approve in part and deny in part such proposed zoning amendment and a report of its action, together with a recommendation for final approval or denial, shall be made by the Commission to the City Council.
B.
Before The City Council. Before acting upon any proposed zoning amendment, the City Council shall set a time and place for public hearing thereon, and at least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation within the City. The City Council may refer the proposed zoning amendment back to the Planning and Zoning Commission for additional study before final decision; however, no notice other than for the initial public hearing need be given.
Section 400.755 Burden of Proof.
[CC 1976 App. A §12.04; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
In assessing the relevance or acceptability of a proposed zoning amendment submitted upon verified application, the burden of proof in justifying the request shall rest with the applicant, both before the Planning and Zoning Commission and the City Council.
Section 400.760 Approval of Request.
[CC 1976 App. A §12.05; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord. No. 2542 §2, 12-11-1989]
A.
Confirming Planning And Zoning Commission Recommendation. All text amendments and amendments to the Zoning Map, as described herein, shall require only a simple majority vote by the City Council in those instances where the recommendation of the Planning and Zoning Commission is in favor of the request and where a citizen protest has not been filed as discussed in Subsection (C) herein.
B.
Overruling The Planning And Zoning Commission Recommendation. In those instances where the Planning and Zoning Commission recommends denial of the request, a two-thirds (⅔) majority vote of the entire City Council shall be required to reverse the recommendation of said Commission.
C.
Protest By Nearby Property Owners To Decision. In case a protest against such proposed zoning amendment is presented, duly signed, notarized, and acknowledged by the owners of thirty percent (30%) or more of the areas of the land (exclusive of streets and alleys) included in such proposed zoning amendment or of the owners of thirty percent (30%) or more of the land within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such proposed zoning amendment shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the City Council. A notice of protest must be filed within ten (10) days following the Planning and Zoning Commission's decision, be in writing, filed with the City Clerk, and accompanied by the signature and addresses of the property owners opposed to such proposed zoning amendment. The notice of protest shall include a notarized verification from the person(s) collecting the protestants'signatures that all signatures are correct and genuine. The protest shall specifically state how the application, as initially filed or subsequently modified, fails to meet the criteria set forth in this Article.
D.
Approval Of Rezoning Portion Of Property. The Planning and Zoning Commission may recommend that a petition for a change of Zoning District classification be approved or denied for all or part of the property described in the proposed zoning amendment. The City Council may enact by ordinance such a partial granting of a proposed zoning amendment for a change in Zoning District classification.
E.
Approval Of Different Classification. The Planning and Zoning Commission may recommend and the City Council may enact by ordinance a Zoning District classification other than that requested in the proposed zoning amendment, provided that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner. District classification of the same type as referred to in this Section shall include the "PD" Planned District when a petitioner proposes a particular use and presents plans at or prior to the public hearing which are substantially similar to those required by the "PD" rezoning procedures respectively.
Section 400.765 Withdrawal.
[CC 1976 App. A §12.06; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
Any request for withdrawal of a legally filed proposed zoning amendment to the Overland Zoning Code may be denied, approved with prejudice, or approved without prejudice by the Planning and Zoning Commission if the Commission has not yet submitted its recommendations to the City Council, or by the City Council if the Council has already received the Planning and Zoning Commission's recommendation but has not yet taken final action with respect to the proposed zoning amendment. Such request must be made in writing.
Section 400.770 Reapplication.
[CC 1976 App. A §12.07; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
In the event that any proposed zoning amendment to the Zoning Map is denied on final review by the City Council, reapplication for the purposes of further review of the same or a substantially similar proposed zoning amendment shall not be accepted by the City until twelve (12) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the Planning and Zoning Commission that substantial new evidence not available during review of the original application will be presented.
Section 400.775 Zoning Designations of Newly Annexed Territory.
[CC 1976 App. A §12.08; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989]
A newly annexed area will retain the City Zoning District equivalent of its County zoning designation until the City zoning process is completed.