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Any person desiring a change in zoning of property may make application therefor. The application for a zoning change shall be written and accompanied by a drawing showing the property in question including property improvements and utilities and a filing fee. Filing fees shall be set by ordinance of council and amended to reflect the City's costs.
(Ord, 7139-99. Passed 7-6-99.)
During the thirty (30) days prior to the public hearing the text or copy of the text of such ordinance or petition, together with the maps or plans or copies thereof shall be on file, for public examination, in the office of the Clerk of Council. No ordinance which differs from the recommendation made by the Planning Commission shall take effect unless passed by not less than five (5) affirmative votes of Council.
(Ord. 7139-99. Passed 7-6-99.)
(a) Council shall, within a reasonable period of time after receipt of the Commission's recommendation on the proposed amendment, take official action, in the form of an ordinance thereon. A majority vote, involving not less than five (5) members of Council, shall be required to override the recommendation of the Planning Commission. In all cases not meeting this criteria, the official action taken on the proposal shall be as recommended by Planning Commission.
(b) If protest against an amendment is presented, duly signed by the owners of at least fifty-one percent of the land within the area proposed to be altered, such amendment shall not be passed except by two-thirds vote of all members of Council. If an amendment will transfer an area to a less restricted district and a protest is presented, duly signed by the owners of at least fifty-one percent of the land adjacent to and/or within 350 feet of such an area proposed to be transferred, such amendment shall not be passed except by a two-thirds vote of Council members.
(Ord. 7139-99. Passed 7-6-99.)
The failure to notify, as provided by this Chapter, shall not invalidate an ordinance, provided such failure was not intentional, and the omission of the name of any owner or occupant of property who may, in the opinion of the Planning Commission, be affected by such amendment, supplement or change, unless such omission is intentional, shall not invalidate any ordinance passed hereunder, it being the intention of this Chapter to provide, so far as may be for notice to the persons substantially interested in the proposed change, that an ordinance is pending before the Council, proposing to make a change in zoning.
(Ord. 7139-99. Passed 7-6-99.)
The owner of rezoned property shall obtain a building permit within one year (1 yr.) of the date of enactment of the rezoning ordinance and shall begin construction under such permit no later than six months (6 mos.) after the issuance of the permit. Failure to comply with these time limitations shall cause the property to revert to the former classification. For good cause the Planning Commission may extend these periods of time. Land rezoned as part of a Master Plan by Council or land rezoned at the request of Council for the benefit of the City as a whole shall not be affected.
(Ord. 7139-99. Passed 7-6-99.)