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MapLink™ | Procedures | Amendments (Rezoning, Annexation)

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Amendments (Rezoning, Annexation)
A. Procedure. The City Council may, from time to time, on its own motion or on petition, or on recommendation of the Planning and Zoning Commission, after public notice and hearings thereon as provided herein, amend, supplement, change, modify, or repeal the regulations and restrictions as established herein and may change, restrict, or extend the boundaries of the various districts established herein. Before taking any action upon any proposed amendment, modification, change, restriction, or extension, the same shall be referred by the City Council to the Planning and Zoning Commission for report and recommendation.

B. Notice Of Hearings. No action on an amendment, change, modification, or repeal shall be taken until after the Planning and Zoning Commission holds a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published at least fifteen (15) days before the hearing in an official paper, or a paper of general circulation in the City of Aurora. The notice to the parties in interest shall contain the general nature of the proposed amendments as well as the text. If the intended action is to involve or affect land that touches or adjoins other land and the total size of the land on which the action is intended is smaller than three (3) city blocks of the average size for the City of Aurora, the owners of said adjoining land within an area determined by the lines drawn parallel to and one hundred eight-five (185) feet distant from the boundaries of the district proposed to be changed shall be mailed a notice of the intended action to the address given in the City tax records as that of the present record owner of said adjoining property.

C. Protest. If a protest against such amendment, change, modification, repeal, restriction, or extension shall be presented, duly signed, and acknowledged by the owners of thirty percent (30%) or more, either of the 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 favorable vote of two-thirds (2/3) of all the members of the City Council.

D. Hearing On Application And Costs Thereof. The Planning and Zoning Commission shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Planning and Zoning Commission. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Planning and Zoning Commission shall, by rule, prescribe from time to time. All costs and expenses regarding the amendment or variance request, including any publication costs, shall be paid by the individual or organization seeking the approval of the amendment or variance.

E. Findings Of Fact And Recommendation Of The Planning and Zoning Commission. The Planning and Zoning Commission shall submit recommendations to the City Council within thirty (30) days after the close of the public hearing and any adjournment thereof. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning and Zoning Commission shall also make findings of fact based upon the evidence presented to it in each specific case with respect to the following matters and shall submit the same to the City Council simultaneously with its recommendations.
1. Existing uses of property within the general area of the property in question.
2. The zoning classification of property within the general area of the property in question.
3. The suitability of the property in question to the uses permitted under the existing zoning classification.
4. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.
5. Relationships of the proposed change to the comprehensive plan for the City and the major thoroughfare plan.
6. Where the application for zoning amendment involves a planned development district or any zoning procedure involving amendment of the Zoning Code, such findings of fact and recommendations as are required by the provisions of this order.