The governing body may, from time to time, amend this chapter by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment.
(A) Application.
(1) Who may initiate action. Amendment may be initiated by the City Council or the Zoning Board or by an application of one or more owners of property affected by the proposed amendment.
(2) Application fee. Each application by a property owner shall be accompanied by a fee as established by the City Council, to cover administrative and processing costs. If the application received an unfavorable recommendation from the Zoning Board after public hearing and is not appealed to the City Council within ten days of such recommendations, or if the applicant withdraws his or her application prior to publication of public hearing by the City Council, half of the fee will be refunded.
(3) Accompanying data. An application for an amendment shall be accompanied by an accurate legal description, maps, site plans, drawings and any data necessary to demonstrate that the proposed amendment is in general conformance with the Comprehensive Plan of the city and that public necessity, convenience and general welfare require the adoption of the proposed amendment.
(B) Public hearing before the Zoning Board.
(1) Upon filing of the application, the Zoning Board shall call a public hearing on said application as provided herein.
(2) Written notice of such hearing shall be sent to the owner of the property or his or her agent and to all owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given not less than ten days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given one publication in the official newspaper at least 15 days before the time of hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
(3) Action by Zoning Board at conclusion of hearing: if at the conclusion of the hearing, the Zoning Board decides to recommend amendment of this chapter to the City Council, said recommendation shall be by resolution of the Zoning Board carried by the affirmative votes of not less than a majority of its total membership. A copy of any recommended amendment shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.
(4) Appeal of Zoning Board denial of application: in the event that the Zoning Board recommends denial of an application after public hearing, the applicant may appeal said determination to the City Council by filing a written notice of appeal with the City Secretary within ten days after the determination of the Zoning Commission.
(C) Action by the City Council.
(1) If the Zoning Board has recommended approval of an application or if the Zoning Board has recommended denial of an application and a notice of appeal has been filed pursuant to division (B)(4) above, the City Council shall set said application for public hearing and shall give notice of the time and place of the hearing by one publication in the official newspaper at least 15 days prior to such hearing, and in addition shall send written notices to the owner of the property or his or her agent and to all owners of real property lying within 200 feet of the subject property pursuant to division (B)(2) above.
(2) The City Council may, by simple majority vote, recommend disapproval of an amendment of this chapter, or in recommending approval of an amendment to this chapter, the City Council may impose such requirements and conditions or changes as it may deem necessary pursuant to § 155.01.
(3) A vote of three-fourths of the City Council is required in order to adopt proposed amendments that have been recommended for disapproval by the City Zoning Board or to adopt proposed amendments that have been recommended for approval by the City Zoning Board against which a written protest has been filed with the City Secretary duly signed and acknowledged by any one of the following:
(a) The owners of 20% of the land included in the amendment;
(b) The owners of 20% of the land immediacy adjacent to the land included in the proposed amendment and extending 200 feet therefrom; and/or
(c) The owners of 20% of the land directly opposite the land included in the proposed amendment and 200 feet from the street frontage of such opposite land.
(4) Effect of denial of application. In case an application for an amendment to this chapter is denied by the City Council, said application shall not be eligible for reconsideration for one year subsequent to each denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the Planning Commission, to be eligible for consideration, within one year of the denial of the original application.
(Ord. passed 9-5-1994)