Section 29-34 Petitions for amendments.

(1) Any person, firm or corporation, owning in fee simple real property within the city, may petition the council to amend, change, modify, supplement, or repeal the zoning district regulations and restrictions as established in this chapter pertaining to such real property; provided that such applicant shall specify the tract of land for which amendment, change, modification, supplement or restriction is sought, along with a specification of the zoning category which the applicant is seeking. No petition shall be presented, nor considered, which presents amendments, changes, modifications, supplements or restrictions to zoning categories in the alternative with respect to any lot, tract or parcel of land.

a. No petition to amend the zoning district map will be accepted if it is the same or substantially the same as a petition submitted within the previous twelve (12) months and which was denied by the city council or withdrawn by the applicant after a negative recommendation from the planning and zoning commission. The city council, at its discretion, may authorize a resubmittal within the twelve (12) month period after reviewing a written request from the applicant, which provides justification for the early resubmittal.

b. The city council shall not rezone property to a classification less restrictive than the classification advertised and considered by the commission and shall not enlarge the area to be rezoned beyond the area advertised and considered by the commission.

c. Nothing herein shall be construed to prevent an applicant from combining separate requests for amendment, change, modification, supplement or restriction for separate lots, tracts or parcels in common ownership in one petition, so long as no amendments, changes, modifications, supplements or restrictions are presented in the alternative.

(2) Such petition shall be on a form to be supplied by the director of community development and filed with the director of community development. Such petitions shall be directed in the first instance to the commission. The director of community development shall review the petition to determine technical compliance with the terms and conditions of this section, and if the petition and its supporting documents are found not to comply with the requirements of this section, the same shall be returned to the applicant for correction. At all times during the amendment process, however, the burden of supplying complete and accurate information contained in the petition for amendment and its supporting documents shall remain on the applicant.

(3) The petition shall contain an accurate legal description of the real property to be affected, the appropriate official street number and name for such property, the book and page numbers recording the latest deed to property, the existing zoning district, the requested zoning district or amendment, supplement, change, modification or repeal of the chapter, the reason or reasons why such supplement, change, modification or repeal is requested, and shall be signed by one of the owners or his attorney. The petition shall be accompanied by a map clearly showing the affected property. Also, the petition shall list the names and addresses of the owners all land within lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the land proposed to be rezoned. The petition shall also list the addresses of all residences (including apartments and manufactured homes) within the boundaries of the land proposed to be rezoned. The petition shall also be accompanied by a check made payable to the City of Columbia sufficient to cover all costs of advertisements of public hearing .

(4) After determining that the petition and its supporting documents are in compliance with the requirements of this section, the director of community development shall set a date for a public hearing before the commission at the next regular meeting of the commission. Any omissions from the requirements of subsection (a)(3) will delay scheduling the request. The director of community development or the commission shall cause a notice of the public hearing on the subject matter of the petition to be published in a newspaper of general circulation within the city and such public hearing shall not be held within a time earlier than fifteen (15) days from and after the date of publication.

The notice of public hearing shall contain an address or description of the general location of the real property to be affected. The notice shall also contain a map of the real property to be affected and the surrounding area. As a courtesy, the director of community development may send, by first class mail, notice of the public hearing before the commission on the proposed amendment to the addresses of the residences of the land to be rezoned and to the owners of all land within lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the land proposed to be rezoned. The failure of the director of community development to send such notice or the failure of any resident or property owner to receive such notice shall not affect the validity of any ordinance rezoning land.

As a courtesy, the director of community development may conspicuously place notification signs facing each street abutting the property to be rezoned. The sign face of notification signs shall be at least five (5) square feet. Notification signs shall have attached containers in which the director of community development shall place notices containing information on the rezoning and public hearing. The notice shall include the telephone number of the department of community development. The failure of the director of community development to place notification signs shall not effect the validity of any ordinance rezoning land.

(5) The director of community development shall forward copies of the application and supporting documents to other administrative departments affected by the requested amendment, supplement, change, modification or repeal. The various administrative departments shall, within ten (10) days of receipt of such petition and supporting papers, forward their recommendations to the director of community development.

(b) Protest Against Amendment. If a protest against such change, as described in the preceding section, shall be presented, duly signed and acknowledged by the owners of thirty (30) per cent or more, either of the area of 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 (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed except by the affirmative vote of two-thirds of the members of the council then in office and not disqualified from voting under section 2-53.1. An abstention shall not be counted either for or against the amendment. In order to be valid, protest petitions must be filed with the city clerk no later than noon on the Wednesday before the council meeting at which the proposed amendment is scheduled to be considered for passage.

Any such bill on the consent agenda shall be removed and placed under old business at the request of a council member or any other interested person. The request must be made to the city clerk before noon on the Wednesday before the council meeting at which the council bill is scheduled to be considered for passage. The city council may remove any such bill from the consent agenda and place it under old business at the council meeting at which the council bill is scheduled to be considered for passage.

(Code 1964, § 19.281; Ord. No. 9958, § 1, 10-3-83; Ord. No. 12025, § 1, 9-19-88; Ord. No. 12159, § 1, 2-20-89; Ord. No. 12239, § 1, 5-1-89; Ord. No. 14453, § 1, 4-17-95; Ord. No. 15016, § 1, 10-21-96; Ord. No. 15896, § 1, 2-15-99; Ord. No. 15986, § 1, 5-3-99; Ord. No. 16588, § 2, 9-18-00; Ord. No. 17541, § 2, 1-6-03; Ord. No. 17948, § 1, 1-5-04 ; Ord. No. 20181; § 1, 2-2-09 ; Ord. No. 21095, § 13, 9-19-11)

(Ord. 21095, Amended, 09/19/2011, Prior Text; Ord. 20181, Amended, 02/02/2009, Prior Text; Ord. 17948, Amended, 01/05/2004, Prior Text; Ord. 17541, Amended, 01/06/2003, Prior Text; Ord. 16588, Amended, 09/18/2000, Prior Text; Ord. 15986, Amended, 05/03/1999, Prior Text; Ord. 15896, Amended, 02/15/1999, Prior Text)