Peculiar City Zoning Code
ARTICLE XIII
Zoning Map And Text Amendments
Section 400.2400 Zoning Map And Text Amendments.
[Ord. No. 11062017A, 11-6-2017[1]]
A.
Authority. The Board of Aldermen may, by ordinance, amend, supplement, change, modify or repeal Chapter 400: Zoning Regulations and the zoning district boundaries.
B.
Initiation Of Amendments. Zoning map amendments may be initiated by the Board of Aldermen, the Planning Commission or upon application by the owner of a property proposed to be affected. Text amendments may be initiated by the Board of Aldermen or the Planning Commission.
C.
Pre-Application Meeting. Prior to filing of an application for a zoning map amendment, the applicant must present a sketch plan of the proposed boundary of the map amendment to the City Planner at a pre-application meeting and a written description of the justification for approval of the application.
D.
Applications. When the owner of the property affected initiates an amendment to the district boundaries, an application for such amendment must be obtained from the City Planner. The application must be completed in its entirety and filed with the City Planner so that a public hearing date can be established.
E.
Submission Requirements. Five (5) copies of the map amendment shall be submitted in support of the application.
F.
Memorandum Of Understanding. A memorandum of understanding (MOU) may be required by the City for any zoning map amendment request.
Section 400.2410 Withdrawal Of Application For Amendment.
[Ord. No. 11062017A, 11-6-2017]
Any application for amendment may be withdrawn upon receipt by the City Planner of written notice from the applicant at any point in the review process, but prior to the final action on the application by the Board of Aldermen. Such withdrawal of an application shall not entitle the applicant to a refund of any required fees, nor shall any fees paid be credited to a future application for amendment.
Section 400.2420 Procedure For Zoning Map Snd Text Amendments.
[Ord. No. 11062017A, 11-6-2017]
A.
Planning Commission Public Hearing. All proposed text and map amendments must be submitted to the Planning Commission for review and recommendation. The Planning Commission must hold a public hearing on the application. The public hearing must be held at the next regular meeting of the Planning Commission for which the application may be scheduled given public notice deadlines, unless the applicant has consented to an extension of this time period. The City Planner or other appointed official as designated by the Planning Commission must give written notice of the hearing and prepare a written summary of the proceedings.
B.
Planning Commission Recommendation Upon conclusion of the public hearing, the Planning Commission will submit a recommendation to the Board of Aldermen to approve, approve with modifications or deny the proposed amendment. If no majority vote of the full membership of the Planning Commission can be obtained on a recommendation to be made, the application will be forwarded to the Board of Aldermen with no recommendation. The Planning Commission must submit its recommendation along with a record of the public hearing thereon, to the Board of Aldermen. The Planning Commission may include reasonable conditions as a part of its recommendations.
C.
Board Of Aldermen Action.
1.
The Board of Aldermen must consider the request for an amendment within sixty (60) days of receipt of written recommendation of the Planning Commission.
2.
After holding a public hearing on the proposed amendment and before making its final decision, the Board of Aldermen may refer the application back to the Planning Commission for additional study for a period no greater than forty-five (45) days. In this event, no additional public hearing is required.
3.
Upon receipt of the recommendation of the Planning Commission and any protest petitions that have been submitted, the Board of Aldermen must consider the application and may take final action to approve or deny it. The Board of Aldermen may either affirm, or not affirm, the recommendations of the Planning Commission. In the event the Board of Aldermen does not affirm the Planning Commission recommendations on an application for map amendment, then such change may only be approved with a favorable vote of five (5) out of the six (6) voting members of the Board of Aldermen.
4.
If final action is not taken by the Board of Aldermen within one hundred twenty (120) days after the recommendation of the Planning Commission is submitted to it, the proposed amendment will be deemed to have been defeated and denied, unless the applicant has consented to an extension of this time period. Whenever a proposed amendment is defeated, either by vote of the Board of Aldermen or by inaction described in this Section, such amendment cannot be passed without another public hearing that is noticed in accordance with this Chapter.
5.
If the Board of Aldermen approves an application, it will adopt an ordinance to that effect. If the Official Zoning Map has been changed the amending ordinance will define the change or boundary as amended and will order the Official Zoning Map to be changed to reflect such amendment.
6.
Whenever a proposed map amendment is denied, a map amendment for the same lot or parcel shall not be filed by the same applicant with the City Planner for at least one (1) year.
Section 400.2430 Findings Of Fact.
[Ord. No. 11062017A, 11-6-2017]
A.
Findings Of Fact For Map Amendments (Rezoning). In their deliberation of a request, the Planning Commission and Board of Aldermen may give consideration to the criteria stated below, to the extent they are pertinent to the particular application:
1.
The character of the surrounding neighborhood, including the existing uses and zoning classification of properties near the subject property;
2.
The physical character of the area in which the property is located;
3.
Consistency with the goals and objectives of the comprehensive plan and other plans, codes and ordinances of the City of Peculiar;
4.
Suitability of the subject property for the uses permitted under the existing and proposed zoning districts;
5.
The trend of development near the subject property, including changes that have taken place in the area since the subject property was placed in its current zoning district;
6.
The extent to which the zoning amendment may detrimentally affect nearby property;
7.
Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested zoning map amendment;
8.
The suitability of the property for the uses to which it has been restricted under the existing zoning regulations;
9.
The length of time (if any) the property has remained vacant as zoned;
10.
Whether the proposed zoning map amendment is in the public interest and is not solely in the interests of the applicant; and
11.
The gain, if any, to the public health, safety and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
12.
The Planning Commission and the Board of Aldermen may also consider other factors that may be relevant to a particular application.
B.
Findings Of Fact For Text Amendment. In their deliberation of a request, the Planning Commission and Board of Aldermen may take into consideration the following:
1.
Whether such change is consistent with the intent and purpose of the Comprehensive Plan and plans adopted by the City of Peculiar;
2.
Whether the proposed text amendment corrects an error or inconsistency in the Code;
3.
The areas which are most likely to be directly affected by such change and in what way they will be affected;
4.
Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and/or zoning districts affected by it; and
5.
Whether the proposed text amendment is in the best interests of the City as a whole.
C.
Protest. In the event that a protest petition against any application for a zoning map amendment is presented to the City Clerk prior to the date scheduled for the Board of Aldermen to take action and is properly signed and notarized by the deeded owners of thirty percent (30%) or more of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the district proposed to be changed, such amendment will not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.