The Administration and Procedures provisions establish the methods for implementation of site plan review, rezoning and amendments into the zoning code.

   1.   Purpose. The Site Plan Review Procedure provides for special review in addition to plan review required by other sections of this Code of Ordinances of projects that have potentially significant effects on traffic circulation or a significant effect on land uses in adjacent neighborhoods. The procedure provides for review and evaluation of site development features and possible mitigation of unfavorable effects on surrounding property.

   2.   Administration. The Zoning Administrator shall review, evaluate, and act on all site plans submitted pursuant to this procedure. The Planning and Zoning Commission shall review site plans and shall transmit its recommendation to the City Council for approval.

   3.   Uses Requiring Site Plan Review. Select uses as require by Chapter 170.

   4.   Application Requirements. An application for a site plan review may be filed by the owner of a property or the owner’s authorized agent with the Zoning Administrator. Site plan application forms are available in the offices of Zoning Administrator. The application shall include the criteria listed in Chapter 170.

   5.   Administrative Action. The Zoning Administrator shall review each site plan and provide a written recommendation to the Planning and Zoning Commission and City Council. The Planning and Zoning Commission shall transmit its recommendation to the City Council, which will then act on the application.

   6.   Review and Evaluation.

      A.   The Planning and Zoning Commission and City Council shall review and approve the site plan based on the criteria established in Chapter 170 and Table 180-1 and conformance with applicable regulations in this Zoning Code and the vision of the comprehensive plan.

      B.   The Planning and Zoning Commission shall make the following findings before recommending approval of the site plan to the City Council:

         (1)   The proposed development, together with any necessary modifications, is compatible with the criteria established in Chapter 170 and Table 180-1.

         (2)   Any required modifications to the site plan are reasonable and are the minimum necessary to minimize potentially unfavorable effects.

         (3)   The site plan conforms to this Zoning Code and to the vision of the comprehensive plan.

   7.   Modification of Site Plan. The Zoning Administrator, Planning and Zoning Commission, and City Council may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include (but are not limited to) additional landscaping or screening; installation of erosion control measures; improvement of access or circulation; rearrangement of structures on the site; or other modifications deemed necessary to protect the public health, safety, welfare, community character, property values, and/or aesthetics.

   8.   Term and Modification of Approval.

      A.   A site plan approval shall become void one year after the date of approval, unless the applicant receives a building permit and diligently carries out development prior to the expiration of this period.

      B.   The Zoning Administrator may approve an application to modify a previously approved site plan if he/she determines that the modification does not affect findings related to the criteria set forth in Table 177-1.

      C.   The Zoning Administrator may revoke a site plan approval if said official determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the Board of Adjustment.

   The amendment procedures describe the methods by which changes may be made in the text of this Zoning Code (text amendment) and/or the official boundaries of zoning districts (rezoning).

   1.   Initiation of Amendments.

      A.   Text amendments may be initiated by the Planning and Zoning Commission or City Council.

      B.   Rezoning may be initiated by a property owner or authorized agent, the Planning and Zoning Commission, or the City Council.

   2.   Rezoning Application Requirements. An application for a rezoning may be filed with the Zoning Administrator. The application shall include the following information:

      A.   Name and address of the applicant.

      B.   Owner, address, and legal description of the property.

      C.   A description of the reason for the rezoning application and the nature and operating characteristics of the proposed use.

      D.   Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Zoning Administrator to be necessary to describe the proposed use to approving agencies.

   3.   Amendment Process.

      A.   The Planning Commission, following not less than 4 days notice and publication shall hold a public hearing on each proposed text or rezoning and shall recommend action to the City Council.

      B.   The City Council, after publication and public hearing, shall act on the proposed amendment. A majority vote of those members either elected or appointed to the City Council is required for approval. If the proposed amendment is recommended for disapproval by the Planning Commission, a majority vote plus one of the City Council shall be required for approval.

      C.   Protest. If a valid protest petition opposing an amendment is filed with the City Clerk by eligible property owners, a majority vote plus one of those members either elected or appointed to the City Council is required for approval. A valid protest petition must meet the following criteria:

         (1)   Submission of the petition in the office of the City Clerk within 14 days after the conclusion of the public hearing on the amendment by the Planning Commission.

         (2)   Notarized signatures by at least one of the following:

            (i)   The owner or owners of at least 20% of the property proposed for rezoning.

            (ii)   The owners of 20% of the total area, excepting public rights-of-way and public property, within the zoning jurisdiction of the City and within 200 feet of the proposed rezoning.

   4.   Required Notice and Publication. Prior to consideration of amending, supplementing, changing, modifying, or repealing this Zoning Code by the governing body, notice of public hearings shall by provided by two of the three following methods, as determined by the City:

      A.   Publication. Not less that 4 days before the date of hearing, the City Clerk shall have published in a newspaper published at least once weekly and having a general circulation in the City a notice of the time, place, and subject matter of such hearing.

      B.   Notification by Mail. At least ten days prior to the date of hearing, the party initiating the rezoning request shall present the City Clerk a certified address list of those persons who own property within 500 feet of the subject site. The City Clerk shall mail notice of the time, place, and subject matter of the hearing to such property owners at least ten days prior to the date of the hearing.

   Upon the automatic extension of the two-mile extra-territorial jurisdiction due to annexation, the City Council with the recommendation of the Planning Commission shall zone properties within the newly established jurisdiction concurrent with adoption of the annexation ordinance. The zoning shall consider the Comprehensive Development Plan of the City and the present use of the land.