151. PLANNING AND ZONING (Changes and Amendments 151.345 - 151.350)

Changes and Amendments


151.345       Annual review

151.346       Procedure for amending

151.347       Zoning amendments

151.348       Vote required for amendments

151.349       Petitions previously denied

151.350       Fees







§ 151.345  ANNUAL REVIEW.


The Planning Commission shall, at least once each year, prepare and file with the City Council a report on the operations of this chapter as amended, including, when necessary, recommendations as to the enactment of amendments or supplements thereto.

(Prior Code, § 616.01)





(A)  The Planning Commission shall receive petitions from individual property owners or groups of property owners requesting district changes or amendments or supplements to this chapter in such form as it prescribes by motion.


(B)  The Planning Commission shall consider each petition and, after determination of the adequacy of the content of the petition and supplemental data, set a date and prepare the proposed amendment for public hearing.


(C)  The public hearing shall be held within 60 days after determination of the adequacy of the content of the petition and supplemental data, and a recommendation shall be submitted to the City Council within 120 days from determination of the adequacy of the petition and supplemental data. The Planning Commission may recommend modification of a proposed amendment as it affects the Comprehensive Zoning Plan and regulations of the city and as it reflects the interest of adjacent property and of the community as a whole.


(D)  The Planning Commission shall notify by mail all property owners within 350 feet of the property in question at least ten days prior to the date of the public hearing. Failure of any property owner or occupant to receive the notice shall not invalidate the proceedings.


(E)  The City Council shall make disposition of the recommendation within 60 days from receipt of the recommendations from the Planning Commission. Failure to act within the 60‑day period constitutes approval of the application.

(Prior Code, § 616.02)  Penalty, see § 10.99





The essential feature of zoning, both in this subchapter and in any amendment thereof, is planning for which, hereafter, the function of zoning amendments shall be through zoning administration comprised of continuous or periodic study of the:


(A)  Development of property uses;


(B)  Nature of population trends;


(C)  Commercial and industrial growth both actual and prospective; and


(D)  Affect upon the community as a whole in view of the Comprehensive Plan of the city and how much proposed change, sensibly, systematically, and according to a coordinated plan may be made within and in promotion of the zoning objective of planning.

(Prior Code, § 616.03)





Amendments to this chapter shall be by passage upon a simple majority vote of the City Council, provided that action or passage overriding the recommendations of the Planning Commission shall require a four‑fifths majority vote of the entire City Council.

(Prior Code, § 616.04)





A period of not less than one year is required between presentation of the same petitions for a change or amendment applying to a specific piece of property where prior petition was denied unless there has been a substantial change of facts.

(Prior Code, § 616.05)



§ 151.350  FEES.


Refer to Schedule of Fees Code which can be found in the City Clerk/Treasurer’s office.

(Prior Code, § 616.06)