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The Council may by four-fifths vote of the entire Council, from time to time, adopt amendments to this chapter.
(A) Initiation for amendment. The Council or the Commission may, upon their own motion, initiate a request to amend the text or the districting map of this chapter. Any person owning or holding a legal or equitable interest in real estate may petition the Council to amend the district boundaries so as to affect his or her real estate or a larger parcel which includes the real estate.
(B) Application for amendment. All petitions for amendments (rezoning) which are initiated by owners of property shall be filed with the Zoning Administrator. Property owners wishing to initiate a rezoning of their property shall fill out a “zoning form” which is available from the Zoning Administrator office. The forms shall be completed and signed by the petitioners, who shall recite therein, the general terms or particularity as the Planning Commission or City Council may require, the nature of their legal or equitable interest in the property in question, the change desired and the reason for the requested change. The zoning form shall be accompanied by a fee of $10 to cover the cost of processing the application. The zoning form shall be filed with the Zoning Administrator. When the application involves the changing of zoning districts and boundaries thereof, it shall be accompanied by a map or plat showing the lands proposed to be changed and all lands within 350 feet of the boundaries of the property proposed to be rezoned, together with a certified list of names and addresses of the owners of the land in the area as is currently on record with the County Auditor, and certified by him or her or his or her agents.
(C) Referral to the Commission. All petitions for amendments shall be referred to the Commission which shall hold an official public hearing within 60 days of the date of filing the petition.
(D) Hearing. The Zoning Administrator shall cause to be published a notice of public hearing in the official newspaper at least ten days but not more than 30 days prior to the date of the hearing.
(E) Action by the Commission. If the request is for a district change, notices shall be mailed to all owners of property within 350 feet of the parcel included in the request not less than ten days nor more than 60 days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any proceedings as set forth within this chapter. The Commission shall make its recommendation to the Council within 60 days of filing of the request or within 60 days of any continuance of any matter granted at the applicant’s written request, by filing the recommendation with the Zoning Administrator.
(F) Action by the Council. The City Council may not act on the amendment without the recommendation of the Planning Commission until 60 days have elapsed after the proposed amendment has been referred to the Commission.
(Ord. 110, passed 4-23-1991)