(A) Appeals. The City Council may on its own motion, or on request of the Planning Commission, or on petition or appeal of the affected property owners:
(1) Transfer land or a portion thereof, from the district in which it is situated into another district, by amendment to this chapter;
(2) Change of any of the regulations of the chapter as to the use of the land in any district, or as to the restriction upon buildings or structures herein, by amendment to this chapter.
(B) Procedure.
(1) An application for amendment shall be filed with the City Clerk/Treasurer/Administrator in duplicate, accompanied by a fee as determined by the City Council. The City Clerk/Treasurer/ Administrator shall forward one copy to the Planning Commission. The Planning Commission will transmit recommendation to the City Council within 30 days.
(2) The Planning Commission shall hold a public hearing on the application the time and place of the meeting being published in the official newspaper not more than 30 days, not less than ten days prior to the meeting. Also, ten days prior to the meeting, notice will be sent to property owners within 300 feet of the subject property. The current City Assessor’s tax records shall be deemed sufficient for the location of certification of ownership of the properties.
(3) The City Council, upon receiving reports of the Planning Commission and without further public hearing may vote upon the adoption of any proposed amendment or it may refer it back to the Planning Commission for further consideration. If no recommendation is transmitted by the Planning Commission within 30 days after the hearing, the City Council may take action without awaiting the modifications. In considering the recommendations, due allowance shall be made for existing conditions, or the conservation of property values, for the direction of building development to the best advantage of the entire city and for the uses to which the property affected is being devoted at the time. No change shall be recommended unless it is required for the public good. The amendment shall be effective upon a majority vote of all of the members of the Council except that if the amendment which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial shall be effective only if three-fourths of all members of the Council concur in its passage.
(C) Petition contents.
(1) The petition shall give the name or names of the petitioner or petitioners, and the petition shall be signed by each of them. The address of each petitioner shall be given;
(2) Specifically describe the area proposed to be rezoned, and give the names and addresses of all owners of property;
(3) State the present zone classification of the area and the proposed zone classification;
(4) State the present use of each separately owned tract within the area, and the intended use of any tract of land therein, if the petitioners, or any of them, have a particular use presently in mind;
(5) Show how the rezoning will fit in with the general zoning pattern of the neighborhood, and the zoning plan of the entire city; and
(6) Be accompanied by three copies of a map showing the property to be rezoned, and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of the area. The map scale shall be 100 feet to the inch.
(Ord. passed 4-24-78)
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