(A) Authority to amend. The City Council may amend, supplement or change the regulations, restrictions and boundaries in this chapter after the public hearing and other procedures are followed as set forth in this section.
(B) Initiation of amendments. Amendments to this chapter may be proposed by the City Council, or duly signed petitions may be presented to the City Administrator, requesting an amendment by the following:
(1) The City Planning Commission; and
(2) By one or more of the owner’s lessees, or occupants within the area proposed to be changed by the amendment.
(C) Informational requirements. All applications for changes in the boundaries of any zoning district which are initiated by the petition of the owner or owners or property, the zoning of which is proposed to be changed, shall be accompanied by a map or plat showing the lands proposed to be changed, proposed buildings and uses, and all lands within 200 feet of the boundaries of the property proposed to be rezoned, together with the names and addresses of the owners of the lands in such area as the same appear on the tax records of the county.
(D) Referral to the Planning Commission. Any proposal for the amendment of this zoning ordinance not originating from petition of the Planning Commission shall be referred to the Planning Commission for consideration and report before any final action is taken by City Council.
(E) Action by the Planning Commission. Before any amendment is adopted, the Planning Commission shall hold at least one public hearing thereon after a notice of the hearing has been published in the official newspaper at least ten days before the hearing. Following the hearing, the Planning Commission shall make a report of its findings and recommendations on the proposed amendment and shall file a copy with the City Council within 60 days after the hearing. If no recommendation is transmitted by the Planning Commission within 60 days after the hearing, the City Council may take action without awaiting the recommendation.
(F) Hearing and notice. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the persons responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person all shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this division (F) has been made.
(G) Action by the City Council. Upon receiving the report of the Planning Commission, the City Council may hold such public hearings, as it deems advisable. After the conclusion of the hearings, if any, the City Council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment shall be effective only is a majority of all the members of the City Council concur in its passage.
(H) Zoning upon annexation. The following procedures shall apply for establishing zoning in areas annexed to the city.
(1) Interim zoning. Upon annexation, and until permanent zoning is adopted as provided below, each parcel of annexed land shall be automatically zoned to the R-1 Agriculture District.
(2) Permanent zoning. Within a reasonable time after annexation, permanent zoning shall be established for all annexed areas, according to the procedures set forth above in this section concerning Planning Commission review and recommendation, and hearing and final action by Council.
(Ord. 266, passed 5- -2008)