1131.01 PROCEDURE FOR AMENDING ZONING ORDINANCE.
   (a)   Whenever the public necessity, convenience, general welfare, or good zoning practices require, Council may amend, supplement, or repeal these regulations, boundaries or classifications of property in accordance with the regulations of this chapter.
   (b)    A request to amend the Zoning Ordinances may be initiated as follows:
      (1)    By adoption of a motion by the Planning Commission;
      (2)    By adoption of a resolution by Council;
      (3)    By the filing of an application by the owner of the property to be changed or affected by the proposed amendment. Applications are available from and are to be filed at the office of the City Manager.
   (c)    The amendment approval process consists of the following steps:
(1)    The amendment request is made;
(2)    The Planning Commission holds a public hearing and presents a recommendation to Council;
(3)    Council holds a public hearing and then acts on the proposed amendment.
   
   (d)    Application for amendments shall include, but not be limited to, the following information:
(1)    Name, address and telephone number of applicant;
(2)    Location of the property, lot number or metes and bounds description of the tract, and the present and proposed zoning district;
      (3)   A vicinity map at a scale approved by the City Manager showing property lines, streets, existing and proposed zoning and such other items as the City Manager may require;
      (4)   Present and proposed uses;
      (5)   The proposed amendment to the text, if applicable;
      (6)   Plat layout drawn to scale, showing the actual shape and dimensions of the lot or parcel to be recorded; and also the lots, parcels, buildings, uses, and zoning districts within 200 feet of the area to be rezoned;
         (Ord. 1985-40. Passed 8-6-85.)
      (7)   A list of all property owners, including their addresses that are within 200 feet from the parcel of land proposed to be rezoned, including those lots or land abutting to and across the street from the parcel in question.
         (Ord. 1997-112. Passed 8-21-97.)
      (8)   A statement on how the proposed amendment relates to the Comprehensive Plan of the City;
      (9)   Specific reasons justifying the application for amendment;
      (10)   The fee established by Council and in accordance with Section 1133.02.
   (e)   Upon receipt of an amendment application which, if approved, would affect any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the City Manager shall give notice, by registered or certified mail to the Director of Transportation. The Planning Commission may proceed as required by law; however, Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the City that the State shall proceed to acquire the land needed, then the City shall refuse to approve the rezoning. If the Director of Transportation notifies the City that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director of Transportation and the property owner, Council shall proceed as required by law.
(Ord. 1985-40. Passed 8-6-85.)
   (f)   Public Hearing Procedure: Within three working days after a recommendation of Council, or the filing of an application, such recommendation or application shall be transmitted to the Planning Commission.
      (1)   The Planning Commission shall hold a public hearing on the proposed amendment or supplement. The Clerk of the Planning Commission shall publish once in a newspaper of general circulation within the City at least ten days prior to the date of the public hearing. The notice shall state the date, place and time of said hearing. The notice shall include the places and times the proposed amendment and supporting documentation may be examined.
      (2)   In addition, the City Manager shall serve notice by Certified Mail upon all lots or land abutting and directly across the street from the parcel that is the subject of said amendment.
      (3)   The City Manager shall also serve notice by 1st Class Mail on all property owners who are not contiguous to the proposed land, but fall within 200 feet of the property in question.
   (g)   The Planning Commission shall, by motion and within ninety days after receipt of the application or resolution, recommend the approval for an amendment, recommend approval with modification, or recommend disapproval of the application, and transmit such resolution to the Clerk of Council within three working days.
   (h)   Public Hearing Procedure: Upon receipt of the recommendation of the Planning Commission, Council shall hold a public hearing on the proposed amendment or supplement within sixty days.
(Ord. 1997-112. Passed 10-21-97.)
      (1)   The Clerk of Council shall publish once in a newspaper of general circulation within the City at least ten days prior to the date of the public hearing. The notice shall state the date, place and time of the hearing and shall include the places and times that the proposed amendment and supporting documentation may be examined.
         (Ord. 2005-14. Passed 2-15-05.)
      (2)   The City Manager shall serve notice by Certified Mail upon all property owners owning lots or land abutting and directly across the street from the parcel that is the subject of amendment.
      (3)   The City Manager shall also serve notice by 1st Class Mail on all property owners who are not contiguous to the proposed land, but fall within 200 feet of the property in question.
      (4)   Addresses shall be taken from the list provided with the application; from the County Auditor’s current tax list, or from the City Finance Department’s Utility listing. Failure to deliver the notification, as provided in this section shall not invalidate any such amendment. The notice shall contain the same information required in the published notification.
(Ord. 1997-112. Passed 10-21-97.)
      (5)   During the ten days prior to the public hearing, the text describing the proposed amendment, together with the plans and supporting documentation, shall be on file and available for review by the public, in the Office of the City Manager.
         (Ord. 2005-14. Passed 2-15-04.)
      (6)   At or within thirty days following the public hearing, Council shall act on the proposed amendment.
(Ord. 1997-112. Passed 10-21-97.)
   (i)   No ordinance which acts upon the proposed amendment which differs from the recommendation of the Planning Commission shall take effect unless approved by four members of Council. No ordinance which acts upon the proposed amendment and which concurs with the recommendation of the Planning Commission shall take effect unless approved by three members of Council.
(Ord. 1985-40. Passed 8-6-85.)
   (j)   Whenever a property owner of land designated O-S Open Space District on the Official Zoning District Map whose land does not lie within the 100 year flood plain requests a change of zoning district to the “R” district immediately adjacent to that land, the Planning Commission and then Council must automatically approve that rezoning request in the absence of the City and individual property owner mutually agreeing to a negotiated purchase of that land for park or other municipal purposes. A Public Hearing is not required by neither the Planning Commission nor the Council.
(Ord. 1996-140. Passed 1-7-97.)