A. Petition; Application: Any person, firm or corporation residing within, or owning any property within, the city may petition the city council for a change or amendment to the provisions of the zoning ordinance or official zoning district map, by obtaining, filling out and filing a formal application for rezoning or zoning ordinance amendment with the city clerk-treasurer. The planning commission may also initiate "administrative rezonings" (see subsection G of this section).
B. Application Filing Fee:
1. The fee for filing such application shall include the notice and publication costs of such application, the review costs incurred by the city personnel, and other administrative costs. The fee for such applications shall be one hundred dollars ($100.00).
2. The city council may automatically increase the fees, due to increases in the costs of mailing or publication.
C. Planning Commission Agenda: The city clerk-treasurer shall notify the building official and the chairman of the planning commission and cause said application to be placed on the agenda for the next scheduled meeting of the planning commission.
D. Commission Consideration; Notice: The planning commission shall consider any rezoning or zoning ordinance amendment application at a public meeting, prior to making and submitting recommendations to the city council. Notice of consideration of such an application shall be by newspaper publication, at least ten (10) days prior to such meeting.
E. Public Hearing; Notice:
1. Parties in interest and citizens shall have an opportunity to be heard at a public hearing before any district regulation, restriction or boundary; or any proposed amendments, supplements, changes, modification or repeal of or to any regulations, restrictions or district boundaries shall become effective.
2. Notice of said public hearing shall be given at least fifteen (15) days prior to such hearing. Said notice shall be published in a newspaper of general circulation in the city and shall include the date, time, place of the hearing and a map of the area to be affected, which indicates street names or numbers, streams, or other significant landmarks in said area.
3. In addition to the notice requirement set forth in subsection E2 of this section, notice of a public hearing on any proposed rezoning shall be given at least twenty (20) days prior to such hearing by mailing written notice by the city clerk-treasurer to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. Said notice shall include the legal description of the property and the street address or approximate location in the city, the present zoning of the property and the zoning sought by the application, as well as the date, time and place of the public hearing.
4. The additional notice shall not be required if the proposed zoning change is made in order to revise the comprehensive plan or official map, or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including, but not limited to, floodplain, drainage, historic preservation, and blighted areas. In these cases, the only notice requirement shall be the publication notice set forth in subsection E2 of this section.
F. Protest; Vote Requirement: In the event of a protest against a proposed rezoning or request for amendment or supplement, filed more than three (3) days prior to said public hearing, by the owners of twenty percent (20%) or more of the area of the lots included in such proposed change, or by the owners of fifty percent (50%) or more of the area of the lots within a three hundred foot (300') radius of the exterior boundary of the territory included in the proposed change, such rezoning, change or amendment shall not become effective without the favorable vote of three-fifths (3/5) of all of the members of the city council.
G. Studies Or Proposals; Hearing Required: The planning commission may, from time to time, initiate studies or administrative proposals for rezonings, or changes or amendments to the zoning ordinance; provided, that they are in the public interest, and provided also that, before taking action on any such study or proposal, adequate and legal public hearing(s) shall have been held by the city council.
H. Effective Date Of Amendments: All amendments, changes, supplements or rezonings shall become final and effective upon passage and publication of an ordinance indicating said amendment, change, supplement or rezoning. (Ord. 13-09, 7-9-2013)