The purpose of this article is to establish the procedures to amend the zoning text and/or zoning map of the City of St. Joseph when a change in circumstances or conditions or the need to correct an error warrant such an amendment and when the proposed change would be consistent with the goals and policies of the comprehensive plan and the intent of this ordinance.

22.2.1.

Amendment Procedure. The planning commission, city commission, an owner of property in the City of St. Joseph, or any other interested person may make a written request to the planning commission to initiate a zoning map change or text amendment to this ordinance. The following procedures shall be followed:

A.

An applicant, other than the planning commission or city commission, shall submit to the zoning administrator a formal application to amend the zoning ordinance on a form established for that purpose, along with the fee authorized under Section 14.7.1. The zoning administrator shall review the application form to ensure it is complete, and any incomplete application shall be returned to the applicant along with the fee. Complete applications shall be transmitted to the planning commission. The application shall include the applicant's name and address, the desired change and the reasons for such change, and shall address all the factors in Section 22.3. If a zoning map change is proposed, the application shall also include the applicant's legal interest in the property, if any; if the applicant is not the owner, the name and address of the owner; and a description adequate to accurately identify the subject property.

B.

The planning commission or city commission may initiate the preparation of a proposed amendment.

C.

A public hearing shall be scheduled and noticed pursuant to the requirements of Section 14.14.

D.

The planning commission shall conduct the public hearing, noting all comments and reports received. Any interested party may appear and be heard at such hearing in person or by agent or attorney. The planning commission may adjourn the hearing in order to obtain additional information, to direct the zoning administrator to revise the proposal, or to cause service of such further notice as it deems proper. If an applicant fails to appear at the hearing, in person or through an agent or attorney, the board shall conduct the hearing and issue its decision based on the information available at the hearing. The planning commission shall use the factors in Section 22.3 when considering a proposed amendment.

E.

The planning commission shall recommend that the city commission approve, approve with conditions, or deny the proposed amendment. The concurring vote of a majority of the planning commission members present and qualified to vote shall be required to take any formal action.

F.

After the hearing, the planning commission shall submit to the city commission its recommendations on the proposed amendment, a summary of the comments received at the public hearing, and the proposed amendment.

G.

The planning commission shall report in full its findings and recommendations for action on the proposal to the city commission. That report shall be available for review for no less than ten days before the city commission acts upon the recommendation.

H.

The city commission may adopt or deny the proposed amendment with a concurring vote of a majority of its members present and qualified to vote, with or without any changes, recommendations, or conditions that have been previously considered by the planning commission.

I.

If the city commission wishes to consider additional changes, recommendations, or conditions not previously considered by the planning commission, it shall return the proposal to the planning commission for reconsideration, in accordance with the procedures set forth above. The city commission shall indicate why it is returning the matter for reconsideration to the planning commission with clear direction as to what should be examined. Once the planning commission forwards its reconsideration, the city commission may take any action it deems appropriate under the circumstances.

In reviewing any application for an amendment, the planning commission shall evaluate all factors relevant to the application. The planning commission may solicit information from public agencies or from individuals or firms with relevant experience. The factors to be considered shall include, but are not limited to, the following:

A.

What conditions related to the application have changed since the zoning ordinance was adopted which justify the proposed amendment?

B.

What are the possible precedential effects which might result from the approval or denial of the application?

C.

What is the potential impact of the proposal on the ability of the city and other governmental agencies to provide adequate public services and facilities, and/or programs that might reasonably be required in the future?

D.

Does the proposed amendment adversely affect environmental conditions, the character of, or the likely value of property?

E.

Does the proposed district change comply with the adopted city comprehensive plan? (If not, and if the proposed amendment is reasonable in light of all other relevant factors, then the comprehensive plan should be amended before the proposed zoning amendment is approved.)

F.

If a specific property is involved, can the property in question be put to a reasonable economic use in the zoning district in which it is presently located?

G.

Is another procedure, such as a variance, special use, planned unit development, or hardship planned unit development a more appropriate alternative than the proposed amendment?

The city clerk shall publish a notice of adoption in a newspaper of general circulation in the city within seven days after adoption of an ordinance amendment. The notice shall include the following information:

A.

Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.

B.

The effective date of the amended ordinance, which shall be ten days after adoption, unless otherwise specified in the amendment.

C.

The place and time where a copy of the amended ordinance may be purchased or inspected.

A property owner whose proposed amendment is denied and who alleges that the denial of the amendment has the result of leaving the property owner with no reasonable or economically viable use of the property, must first request a hardship PUD pursuant to the requirements of Article XIII before filing any action with the circuit court.

A.

No application for a proposed amendment which has been denied, wholly or in part, shall be resubmitted for a period of one year from the date of the denial, except on satisfactory proof of substantially changed conditions, newly discovered evidence, or a falsehood previously relied upon by the city which, through the exercise of normal diligence, could not have been discovered before the hearing, as determined by the zoning administrator.

B.

The following circumstances are exceptions to the one-year time limit in A, above:

1.

In the event that an application for a proposed amendment receives a tied vote from the planning commission and is therefore recommended for neither approval nor disapproval, or if the application is recommended for disapproval but it would be mathematically possible by addition of votes from members who were absent from that meeting to have resulted in a recommendation of approval, the application may be withdrawn before the city commission acts upon it and a reapplication may be submitted.

2.

In the event that an application for a proposed amendment receives a tied vote from the city commission, and therefore is not approved, or if the application is denied but it would be mathematically possible by addition of votes from commissioners who were absent from that meeting to have resulted in approval, a reapplication may be submitted at any time.

C.

A reapplication shall be processed as a new application.

An amendment to the zoning text or zoning map is subject to a protest petition as required by state law. The protest petition must be presented to the city commission before the final approval of the amendment, and must be signed by 1) the owners of at least 20 percent of the area of land included in the proposed change, or 2) owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. Publicly owned land shall be excluded in calculating the 20 percent land area requirement.

In the event a valid protest petition is presented, the amendment must be approved by not less than a two-thirds majority of the city commission.

The planning commission shall in the year 2010, and at intervals of not more than five years thereafter, examine all the provisions of this ordinance and the location of zoning district boundary lines and shall submit a report to the city commission suggesting any amendments which may be in the interest of public health, safety and general welfare.