a. Amendments to Change Zoning District Boundaries: The City Council from time to time, may supplement, change or generally revise the boundaries or regulations contained in zoning regulations by amendment. A proposal for such amendment may be initiated by the Governing Body or the Planning and Zoning Commission. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the amendment may be initiated by application of the owner of property affected. Any such amendment, if in accordance with the adopted comprehensive plan, shall be presumed to be reasonable.
b. Public Hearing: All such proposed amendments first shall be submitted to the Planning and Zoning Commission for recommendation. The Planning and Zoning Commission shall hold a public hearing thereon, shall cause an accurate written summary to be made of the proceedings, and shall give notice in like manner as that required for recommendations on the original proposed zoning regulations. Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district. If such proposed amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration.
c. Public Notice: In addition to such publication notice, written notice of such proposed amendment shall be mailed at least 20 days before the hearing to all owners of record of lands located within at least 200 feet of the area proposed to be altered. If the City proposes a zoning amendment to property located adjacent to or outside the City’s limits, the area of notification of the City’s action shall be at least 1,000 feet in the unincorporated area. All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning and Zoning Commission or the Governing Body. Such notice is sufficient to permit the Planning and Zoning Commission to recommend amendments to zoning regulations which affect only a portion of the land described in the notice or which give all or any part of the land described a zoning classification of lesser change than that set forth in the notice. At any public hearing held to consider a proposed rezoning, an opportunity shall be granted to interested parties to be heard.
d. Adoption: The procedure for the consideration and adoption of a recommendation to amend zoning district boundaries shall be in the same manner as that required for the consideration and adoption of the original zoning regulations. A majority of the members of the Planning and Zoning Commission present and voting at the hearing shall be required to recommend approval or denial of the amendment to the Governing Body. If the Planning and Zoning Commission fails to make a recommendation on a rezoning request, the Planning and Zoning Commission shall be deemed to have made a recommendation of disapproval. When the Planning and Zoning Commission submits a recommendation of approval or disapproval of such amendment and the reasons therefore, the Governing Body may: (1) adopt such recommendation by ordinance; (2) override the Planning and Zoning Commission’s recommendation by a 2/3 majority vote of the membership of the Governing Body; or (3) return such recommendation to the Planning and Zoning Commission with a statement specifying the basis for the Governing Body’s failure to approve or disapprove.
If the Governing Body returns the Planning and Zoning Commission‘s recommendation, the Planning and Zoning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefore or submit a new and amended recommendation. Upon the receipt of such recommendation, the Governing Body, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by the respective ordinance or it need take no further action thereon. If the Planning and Zoning Commission fails to deliver its recommendation to the Governing Body following the Planning and Zoning Commission’s next regular meeting after receipt of the Governing Body’s report, the Governing Body shall consider such course of inaction on the part of the Planning and Zoning Commission as a resubmission of the original recommendation and proceed accordingly. The proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution.
e. Applications: Any party desiring any change in zoning district boundaries or regulations contained in this Zoning Ordinance, as to any lot, tract or area of land, shall file with the City Clerk an application, and such application shall be accompanied by such data and information as prescribed in these regulations.
f. Filing Fee: For the purpose of wholly or partially defraying the costs of the proceedings prescribed herein, including publication costs, the applicant, upon the filing of the application, shall pay to the City Clerk a fee as set forth by the governing body. Promptly upon the filing of any such application, the City Clerk shall refer the application to the Planning and Zoning Commission for study and recommendation and shall report to the Governing Body concerning the nature of the application and that said application has been referred to the Planning and Zoning Commission.
g. Adoption and Amendment of Comprehensive Plan and Other Actions of the Planning and Zoning Commission: An affirmative vote of a majority of the entire membership of the Overbrook Planning and Zoning Commission shall be required for actions of the commission, unless otherwise prescribed by state law.
h. Comprehensive Plan: Upon the adoption or amendment of any such plan or part thereof by adoption of the appropriate resolution by the Planning and Zoning Commission, a certified copy of the plan or part thereof, together with a written summary of the hearing thereon, shall be submitted to the Governing Body. No comprehensive plan, and no amendment thereto, shall be effective unless approved by the City Council of Overbrook. An attested copy of the comprehensive plan and any amendments thereto shall be sent to all other taxing subdivisions in the planning area which request a copy of such plan.
i. Public Facilities and Improvements: Whenever the Planning and Zoning Commission has adopted and certified the comprehensive plan for one or more major sections or functional subdivisions thereof, no public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof shall be constructed without first being submitted to and being approved by the Planning and Zoning Commission as being in conformity with the plan. The Governing Body may override the plan and the recommendation of the Planning and Zoning Commission. When the Planning and Zoning Commission has reviewed a capital improvement program and found that specific public improvements, public facilities or utilities are consistent with the comprehensive plan, no further action is necessary.
j. Findings of Fact: In order to recommend, approve or disapprove a proposed zoning district amendment, the Planning and Zoning Commission shall make findings of fact to determine whether the application is found to be compatible with the following:
1. Character of the neighborhood.
2. Consistency with the comprehensive plan and ordinances of the City of Overbrook.
3. Adequacy of public utilities and other needed public services.
4. Suitability of the uses to which the property has been restricted under its existing zoning.
5. Length of time property has remained vacant as zoned.
6. Compatibility of the proposed district classification with nearby properties.
7. The extent to which the zoning amendment may detrimentally affect nearby property.
8. Whether the proposed amendment provides a disproportionately great loss to the individual land owners nearby relative to the public gain.
k. Protest: Regardless of whether or not the Planning and Zoning Commission approves or disapproves a zoning amendment, if a protest against such amendment is filed in the office of the City Clerk within 14 days after the date of the conclusion of the public hearing pursuant to said publication notice, signed by the owners of record of 20 percent or more of any real property proposed to be rezoned or by the owners of record of 20 percent or more of the total area required to be notified of the proposed rezoning, excluding public streets and ways, located within or without the corporate limits of the City of Overbrook, the ordinance adopting such amendment shall not be passed except by at least a three‐fourths (3/4) vote of the members of the Governing Body.
l. Publication: If the Governing Body approves an application, it shall adopt an ordinance to that effect, but said request shall not become effective until its publication in the official City newspaper.
m. Official Zoning Map: If the official zoning map has been adopted by reference, the amending ordinance shall define the change or boundary as amended, shall order the official zoning map to be changed to reflect such amendment and shall amend the section of the ordinance incorporating the same and shall reincorporate such map as amended.