(A) General. The City Council may, from time to time, supplement, change, or generally revise the boundaries or regulations contained in this chapter by amendment. A proposal for the amendment may be initiated by the City Council, Planning Commission, or upon application of the owner of the property affected. A filing fee established by the City Council is required for each application to be considered by the Planning Commission.
(B) Submission to Planning Commission.
(1) All proposed amendments shall first be submitted to the Planning Commission for recommendation and report. Upon the development of tentative recommendation, the Planning Commission shall hold a public hearing thereon and shall cause an accurate written summary to be made of proceedings, and shall give notice in like manner as that required for the original zoning recommendations. The notice shall fix the time and place for the hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary of any district.
(2) If the proposed amendment is not a general revision of an existing provision of this chapter, and will affect specific property, it shall be designated by legal description and general street location, and in addition to the publication notice, written notice of the proposed amendment shall be mailed to all owners of lands located within 300 feet of the area proposed to be altered and an opportunity granted to interested parties to be heard.
(C) Amendment consideration and adoption.
(1) The procedure for the consideration and adoption of any proposed amendments shall be in like manner as that required for the consideration and adoption of the chapter except herein before or herein after modified. For action on zoning amendments, a quorum of the Planning Commission is more than one-half of all the members. A vote either for or against an amendment by a majority of all the Planning Commission members present constitutes a recommendation of the Commission; whereas a vote either for or against an amendment by less than a majority of the Planning Commission present constitutes a failure to recommend.
(2) When the Planning Commission submits a recommendation of approval or disapproval of the amendment, the City Council, if it approves the recommendation, may either adopt the recommendation by chapter or take no further action thereof as appropriate. In the event the Planning Commission submits a failure to recommend, the City Council may take the action as it deems appropriate. Upon receipt of a recommendation of the Planning Commission which the City Council disapproves, the City Council shall return the recommendation to the Planning Commission with a statement specifying the basis for disapproval, and the recommendation shall be considered in like manner as that required for the original recommendation returned to the Planning Commission. If the amendment shall affect the boundaries of any district, the chapter shall define the change or the boundary as amended, shall order the Official Zoning Map to be changed to reflect the amendment, and shall amend the section of the chapter incorporating the same and reincorporate the Map as amended.
(D) Protest. Regardless of whether or not the Planning Commission approves or disapproves a proposed zoning amendment or fails to recommend, if a protest against the amendment be filed in the office of the City Clerk within 14 days after the date of the conclusion of the public hearing pursuant to the publication notice, duly signed and acknowledged by the owners of 20% or more of any real property proposed to be rezoned, or by the owners of 20% of the total area excepting public streets and ways, located within or outside the corporate limits of the city and located within 300 feet of boundaries of the property proposed to be rezoned, the ordinance adopting the amendment shall not be passed except by at least three-fourths vote of all members of the City Council.
(Ord. 905, passed 1-20-2015)