Amendments to this Ordinance shall be classified as follows:

12.1.1

Text amendments. Changes to the written provisions contained in this Ordinance shall be referred to as "text amendments."

12.1.2

Map amendments. Changes to the designation of and/or location of district boundaries illustrated on the official zoning map shall be referred to as "map amendments" (also referred to as "rezoning").

12.2.1

Initiation of amendment.

1)

Text amendments: A petition for a text amendment may be initiated by:

a)

Motion of the Board of Aldermen.

b)

Motion of the Planning and Zoning Commission.

c)

City Administrator.

2)

Map amendments (rezoning): Actions on map amendments may be initiated by:

a)

Motion of the Board of Aldermen.

b)

Motion of the Planning and Zoning Commission.

c)

Petition by one or more of the owners or authorized representatives of the owner(s) of property in the area of the proposed map amendment.

12.2.2

Submission requirements.

1)

Text amendments: A petition for text amendments to this Ordinance shall set forth the new text to be added and existing text to be deleted.

2)

Map amendments (rezoning): A petition for a map amendment shall include:

a)

A legal description of the property;

b)

A scaled map of the property, clearly showing the boundaries of the property; its current and proposed zoning district classification; and the current zoning classification of adjacent property;

c)

A description of the proposed use of the property and the estimated impact of the proposed use on the surrounding neighborhood;

d)

The name, address, and telephone number of the petitioner(s);

e)

The petitioner's interest in the property, and if the petitioner is not the owner, the name, address, and telephone number of the owner(s);

f)

Other information as required for a planned development or a conditional use; and

g)

At the applicant's discretion, unless otherwise required by this Ordinance or by the Board of Aldermen or Planning and Zoning Commission, a site plan, perspectives, elevations, or models that will assist in clarifying the proposed use of the property to be rezoned.

12.2.3

Review procedure.

1)

Submission by applicant:

a)

The applicant shall submit three copies of the site plan and other information required by Section 12.2.2 to the City Engineer for staff review. Upon completion of staff review, the applicant shall submit the requested number of copies, incorporating any necessary changes, to the City Engineer for distribution to the Planning and Zoning Commission and the Board of Aldermen. City Engineer shall provide the site plan and other information to the aldermen in the Ward to be rezoned and shall be posted on the transparency portal on the City's website.

b)

The initial submittal of the application and supporting information shall be submitted not later than close of City Offices of the day after the regular Board of Aldermen meeting in order to be considered at the next regularly scheduled Planning and Zoning Commission meeting.

c)

The application, as well as all staff and commission reports, will be posted on the transparency portal on the City's website.

2)

Planning and Zoning Commission review:

a)

The application and supporting information shall be taken under consideration by the Planning and Zoning Commission for its recommendation and report, which report shall be delivered in writing to the Board of Aldermen within 90 days from the date of acceptance of the application. The application and supporting information shall be posted on the transparency portal on the City's website.

b)

The Planning and Zoning Commission may recommend to the Board of Aldermen that the petition for amendment be approved, denied, or may recommend an alternative zoning classification (e.g., regarding rezoning petitions) or alternative Unified Development Ordinance text (e.g., regarding text amendments).

12.2.4

Board of Aldermen action.

1)

Upon the filing of the report by the Planning and Zoning Commission, the Board of Aldermen shall proceed to hold a public hearing in relation thereto. Notice of such hearing shall comply with the public notice requirements contained in Section 13 of this Ordinance.

2)

After close of said public hearing, the Board of Aldermen may deny or approve the petition for amendment. The recommendations of the Planning and Zoning Commission shall not be binding on the board. The Board of Aldermen may refer the application back to the Planning and Zoning Commission for further study before making its final decision.

3)

The Planning and Zoning Commission shall submit its report to the Board of Aldermen for actions taken. If the Planning and Zoning Commission has made an adverse finding, the Board of Aldermen may only approve the action requested by the applicant by the affirmative vote of not less than two-thirds (⅔) of the entire membership of the Board of Aldermen.

4)

The Planning and Zoning Commission report, as well as all staff and commission reports, will be posted on the transparency portal on the City's website.

12.2.5

Protest. In case of a protest petition against any proposed amendment signed and acknowledged by the owners of thirty percent or more, either 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 one hundred eighty-five feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds of all the members of the Board of Aldermen. The thirty (30) percent threshold required for a protest under this Section is determined by computing a ratio of the total area contained in the protesting lots divided by the area contained in all lots within the 185-foot radius of the subject parcel.

(Ord. No. 2336, § 1, 12-12-2023)

Prior to processing any conditional use permit application, the applicant or developer shall pay any fee required in full and deposit with the City such amounts in accordance with the fees, penalties, and fines schedule of the City of Sunset Hills Municipal Code.