A. City Council Authority: The city council may, from time to time, on its own motion or on petition, after public notice and hearing, amend the regulations and districts herein established.
B. Planning And Zoning Commission Report: Every such proposed amendment shall be referred by the city council to the planning and zoning commission for report.
C. Failure Of Commission To Approve: Any such amendment that has failed to receive the approval of the planning and zoning commission shall not be passed by the city council except by three-fourths (3/4) vote.
D. Protest Against Amendment:
1. If a protest against such amendment be presented, signed by the owners of twenty percent (20%) of the land within such area proposed to be altered, or by owners of twenty percent (20%) or more of the area of the lots immediately abutting either side of the territory included in such proposed change, or separated therefrom only by an alley or street, such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of the city council. (Ord. 252, 12-7-1955)
2. If such amendment will transfer an area of less restrictive use and a protest is presented by the owners of twenty percent (20%) of the land adjacent to and within one hundred feet (100') from such area proposed to be transferred, such amendment shall require approval by a three-fourths (3/4) vote of the city council. (Ord. 1091, 8-26-2004)
A. Compliance With Regulations Required: The planning and zoning commission shall not approve any zoning change, variance, or any other relief regarding a specific piece of property unless the subject property is in compliance with all applicable city ordinances.
B. Determination Of Compliance: The commission may rely on the written or verbal report of a city code enforcement officer in determining whether the property is in compliance with this code. Any disagreement among commission members as to whether a property is in compliance with applicable codes shall be resolved by vote of the commissioners.
C. Conditions For Consideration: The planning and zoning commission may, however, consider a zoning change, variance or other relief where: 1) the relief requested will serve to correct a code violation; and 2) the property is otherwise in compliance with city ordinances. (Ord. 966, 2-9-1998)