Chapter 7 Procedure for Consideration of an Amendment

Planning Commission Recommendation

All proposed amendments shall first be submitted to the Planning Commission for recommendation and report prior to public hearings.

Notice of Hearing

Upon the development of tentative recommendations, the Planning Commission shall:

  1. Hold at least one public hearing.
  2. Provide notice of the time and place of which shall be given by the publication thereof in a newspaper of general circulation in the City one time at least 10 days prior to such hearing.
  3. Notice of the time and place of such hearing shall be given in writing to the Chairman of any municipal, City, or joint planning commission, or, if no planning commission exists, to the clerks of the local government units, which have jurisdiction over land within three miles of the property affected by the proposed amendment.
  4. Notice, in all cases, shall contain a statement regarding the proposed changes in regulations or restrictions or in the boundaries of any district.
  5. If the proposed amendment will affect specific property, it shall be designated by legal description and general street location, and, in addition to publication notice, written notice shall be mailed to all owners of land located within 1,000 feet of the area proposed for amendment if said neighboring property is located within the City’s jurisdiction.
  6. If said neighboring property is located within a municipal jurisdiction, notice shall be sent to property owners within 300 feet of the property to be rezoned.
  7. Failure to receive notice, however, shall not invalidate any subsequent action taken by the Planning Commission so long as such notice was in fact published and mailed in accordance with these provisions.

Hearing on Proposed Amendment

The Planning Commission shall hold a public hearing on each proposed amendment and shall cause an accurate written summary to be made of the proceedings which summary shall be preserved by the Planning Commission.

The Planning Commission shall submit a written recommendation of approval or disapproval of such proposed amendment to the Planning Commission within 30 days, which recommendation shall make findings based upon the evidence presented of:

  1. The existing uses of land zoning classifications of property in the area that will be affected by the proposed amendment;
  2. the suitability of the property in question to the new zoning classification;
  3. the effect of the proposed amendment on the use of land and administration of zoning in the City;
  4. the accessibility of the property to City services; streets and roads, sewage and water facilities and refuse disposal services; and
  5. the general health, safety, and welfare of the community and any other considerations deemed appropriate by the Planning Commission in furtherance of the objectives of zoning and the City comprehensive plan.

Protest

If a protest against a proposed amendment is filed in the Office of the City Clerk within 14 days after the Planning Commission public hearing, duly signed and acknowledged by the owners of 20% or more either of the area of the lots, including in the proposed amendment, or of those immediately adjacent to the rear of thereof extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such proposed amendment shall not become effective except by the favorable vote of a 2/3 majority of the Planning Commission.