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A. Purpose: The purpose of this section is to permit the city council to amend this title by changing zoning district boundaries and regulations within any district.
B. Initiation: Proceedings for amendment of this title shall be initiated by:
1. A petition of the owner or owners of record of the actual property, the zoning of which is proposed to be changed;
2. A recommendation of the planning commission; or
3. By action of the council.
C. Application For Amendment: All applications for amendments which are initiated by the petition of the owners of property shall be filed in the office of the director of community development and shall be accompanied by six (6) copies of a set of plans and graphics. Such plans and graphics may contain the following information as available, and folded, where necessary, to the size of eight and one-half inches by eleven inches (81/2" x 11"). The information necessary for rezoning shall be:
1. A location map showing the location of the proposed site in relation to the city and also indicating the locations of buildings and uses within five hundred feet (500') of the proposed site.
2. A scaled plot plan, with north indicated, of the proposed site, showing all site dimensions as contained in the description indicated in the application.
3. All types of proposed uses.
4. An abstractor's certificate showing the names and addresses of all property owners within five hundred feet (500') of the outer boundaries of the property in question.
5. Any plans for the modification of standards set by this title or any ordinance of the city.
6. Drainage plan of the proposed site.
7. For multiple-family district rezonings, the applicant shall also provide:
a. Complete details of the proposed site development, including the location of buildings, driveways, parking spaces, dimensions of lots and proposed buildings; and
b. Preliminary drawings including perspective sketches of the structures in detail sufficient to determine exterior wall finishes and design.
D. Public Hearing; Notice Requirements: The Planning Commission shall hold at least one public hearing, affording an opportunity for all parties interested to be heard, and shall give not less than ten (10) days' nor more than thirty (30) days' notice of the time and place of such hearing, published in the designated legal newspaper for the City. Such notice shall also contain a description of the land and the proposed changes in zoning. At least ten (10) days before the hearing, the Planning Commission shall mail an identical notice to the owner and to each of the property owners of record within five hundred feet (500') of the outside boundaries of the land proposed to be rezoned. Failure of the Planning Commission to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings. The City Council may waive the mailed notice requirements above in connection with a Citywide zoning initiated by the Planning Commission or the City Council.
E. Action By Planning Commission: Within sixty (60) days after the date of receipt of the petition by the Director of Community Development, the Planning Commission shall make a written report to the City Council, stating its findings and recommendations, unless the applicant requests in writing that an extension of time for review be granted by the Planning Commission.
F. Action By Council:
1. The Council may hold a hearing within thirty (30) days after the receipt of the report and recommendations from the Planning Commission, if deemed necessary. If the Planning Commission fails to make a report within the time period as set forth in subsection E of this Section, the Council shall hold a public hearing within thirty (30) days after the expiration of such period. Failure to receive a report from the Planning Commission as herein provided shall not invalidate the proceedings or actions of the Council. The Council shall give not less than ten (10) days' nor more than thirty (30) days' notice of the time and place of such hearing, published in the designated legal newspaper, and such notice shall contain a description of the land and the proposed change in zoning.
2. At least ten (10) days before the hearing, the Council shall order the Clerk to mail an identical notice to the owner and to each of the property owners of record within five hundred feet (500') of the outside boundaries of the land proposed to be rezoned. Failure to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.
3. At the time of the hearing, the Council may take final action upon the application or it may continue the hearing from time to time for further investigation and hearing. The Council may also request further information and reports from the Planning Commission. (1971 Code § 28-13)
4. Amendments changing the boundaries of any district, changing the regulations of any existing district, or creating any new zoning district, shall require a four-fifths (4/5) affirmative vote of the Council for adoption. (Ord. 680, 6-21-2000)
G. Referral To Planning Commission: The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this Title without having first referred it to the Planning Commission for their consideration and recommendation.
H. Denial Of Rezone: Rezoning applications may be denied by motion of the Council, and such motion shall constitute a finding and determination that the proposed rezoning is not in the best interest of the physical development of the City. No application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of such order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission. (1971 Code § 28-13)