1139.05 AMENDMENT OF ZONING CODE AND ZONING DISTRICT MAP.

   (a)   Initiation of Amendments. Amendments may be initiated by motion of Council, by one or more owners of property within the area proposed to be changed or affected by the proposed amendment, or by recommendation of the Planning Commission to Council.

   (b)   Contents of Application; Fee.

      (1)   All applications for a zoning amendment shall be submitted on a form obtainable from the Director and shall include evidence that the existing zoning regulation is unreasonable with respect to the particular property concerned and deprives the property owner of the lawful and reasonable use of his land and/or evidence that the proposed amendment would materialize in an equal or better zoning regulation than that existing. For the purposes of this Zoning Code, a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning.

(2)   Any person or persons desiring an amendment of the Zoning Map shall accompany the petition for such with a statement giving the names and addresses of the owners of all properties lying within seven hundred fifty (750) feet of any part of the property, the zoning of which would be changed by the proposed amendment if enacted.

      (3)   Any application for an amendment to this Zoning Code shall include a fee as required by Chapter 1135.

   (c)   Referral to Planning Commission. Every amendment originating in Council shall be referred in writing by a motion recorded on the journal of Council to the Planning Commission for a recommendation of approval, disapproval or modification, and the Commission shall be allowed not less than thirty (30) days and not more than ninety (90) days, for consideration and report. All proposed amendments referred to the Planning Commission shall not be acted upon by Council until the Commission has made a report thereon or until the expiration of ninety (90) days, whichever occurs first, except that Council and the Commission may agree with cause to extend the time permitted for the Commission to make its report. No ordinance, measure or resolution which differs from the report or recommendation(s) made by the Planning Commission shall take effect unless passed or approved by more than two thirds (2/3) of the number of members of Council.

   (d)   Public hearing. Council shall hold a public hearing before the adoption of any proposed amendment. Within a reasonable time after the initiation of a proposed amendment, Council by a motion recorded on the journal shall fix the time and place of the public hearing on the proposed amendment. Such hearing shall be set not less than thirty (30) days from the date of the publication required herein, and the Clerk of Council shall cause notice to be given as provided in Section 1139.06 Uniform Notice of Hearing .

   (e)   Addition of definitions. Whenever an amendment is made to the text of the Zoning Code, the appropriate definitions pertinent to such amendments shall be included in Chapter 1133 . (Ord. 2000-143. Passed 6-26-00; Ord. 2008-194. Passed 12-1-08.)