Section 29-34 Petitions for amendments.
Prior to the adoption of Ord. 15896 on 02/15/1999, Section 29-34 read as follows.
(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.
Nothing herein shall
prevent an applicant from presenting successive petitions for the
same tract of land so long as only one petition requesting amendment is pending before the
council or commission at any one time. No petition to amend the zoning district map
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twelve (12) months and which was denied by the city council or withdrawn by the applicant after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. Nothing herein shall be construed
to limit the power of the council to itself amend any
petition after compliance with applicable statutory notice provisions to vary the zoning
classification requested or to amend the land area of the lot, tract, or parcel when such petition is
before the council in the form of an ordinance to accomplish the petitioned for amendment,
change, modification, supplement or restriction, or to grant the petition's requests in whole or in
part; provided, that any such amendment shall be considered substantive.
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 planning and
development and filed with the director of planning and development. Such petitions shall be
directed in the first instance to the commission. The director of planning and 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 planning and 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 planning and 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 planning and 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 planning 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 Planning and Development
may conspicuously place
notification signs facing each street abutting the property to be rezoned. The sign face of
notification sign shall be at least eight square feet. Notification signs shall have attached
containers in which the Director of Planning and Development shall place notices containing
information on the rezoning and public hearing. The notice shall include the telephone number of
the Department of Planning and Development. The failure of the Director of Planning and
Development to place notification signs shall not effect the validity of any ordinance rezoning
(5) The director of planning and development shall forward
copies of the application and
supporting documents to the director of public works and any 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 planning and 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) percent 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 a two-thirds vote of the council. In order to be valid, protest
petitions must be filed with the city clerk no later than 5:00 p.m. on the Wednesday preceding the
council hearing on the proposed amendment.
(c) Notice of Hearings. No action on an amendment, change, modification
or repeal shall be
taken by the council until after a public hearing in relation thereto at which parties in interest and
citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and
place of such hearing shall be published in an official newspaper or newspaper of general
circulation in the city.
(Code 1964, § 19.281; Ord. No. 9958, § 1, 10-3-83; Ord. No. 12025, § 1, 9-19-88; Ord.
12159, § 1, 2-20-89; Ord. No. 12239, § 1, 5-1-89; Ord. No. 14453, § 1, 4-17-95; Ord.
§ 1, 10-21-96)