(A) Initiation. The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person or his or her expressed agent owning real estate within the city may initiate a request to amend the text or district boundaries of this chapter so as to affect the real estate.
(B) Procedure.
(1) A request plus copies of detailed written and graphic materials fully explaining the proposal for an amendment to this chapter shall be filed with the City Council and shall be accompanied by a fee in an amount set by resolution of the City Council. This fee shall be nonrefundable.
(2) The City Administrator or Zoning Administrator shall schedule a public hearing for the requested zoning amendment for the next available Planning Commission meeting.
(3) If the request for amendment to this chapter, including rezoning of private property, is requested by a resident, property owner, or persons with a legal interest in a parcel of land, the city shall complete the review and take action on the application within the prescribed time frames outlined in state statutes and this chapter. If the City Council or Planning Commission initiates the request, the time frames may be extended.
(4) Notice of such hearing shall be published in conformance with the state law of individual notices. If it is a district change request, it shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property, according to the assessment records, within 350 feet of the parcel included in the request. Such notice shall also be published in the official paper of the city within these time periods. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter.
(5) The Council shall, upon receiving no report from the Planning Commission, place such request on the agenda of its next regular meeting and decide the issue within the prescribed time frame, or upon receiving the reports and recommendations of the Planning Commission, the City Council shall place the amendment request on the agenda of the next regular meeting and decide the issue within 30 days. These reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
(6) The City Council shall have the option to set and hold a public hearing if deemed necessary for reaching a decision.
(7) Amendment of this chapter shall be by a four-fifths vote of the full City Council.
(8) The Zoning Administrator shall notify the originator of the amendment request of the Council’s decision in writing.
(Prior Code, § 13.08)