A. Vote Required For Approval: The city council may, by a majority vote of all members thereof, approve the rezoning of property; except, that where a rezoning changes all or part of an existing classification from residential to either commercial or industrial, a four-fifths (4/5) majority vote of all members of the city council is required.
B. Initiation Of Rezoning: Proceedings for rezoning shall be initiated by: 1) a petition of the owner or owners of the actual property, the zoning of which is proposed to be changed; 2) a recommendation of the planning commission; or 3) by action of the city council.
C. Application To Rezone: All applications for rezoning which are initiated by the petitions of the owners of the property shall be filed in the office of the city clerk no later than twenty one (21) days preceding the next regularly scheduled planning commission meeting, and shall be accompanied by twenty (20) copies of a set of plans and graphics containing the following information and folded, where necessary, to the size of eight and one-half inches by eleven inches (81/2" x 11").
1. Site development plan, which shall include:
a. Location of all buildings on the property in question including both existing and proposed structures.
b. Location of all adjacent buildings located within three hundred fifty feet (350') of the exterior boundaries of the property in question.
c. Floor area ratio.
d. Location and number of existing and proposed parking spaces.
e. Vehicular circulation.
f. Architectural elevations (type and materials used of all external surfaces).
g. Sewer and water alignment, existing and proposed.
h. Location and candlepower of all luminaries.
i. Location of all existing easements.
2. Dimension plan, which shall include:
a. Lot dimensions and area.
b. Dimensions of proposed and existing structures.
c. Typical floor plan and typical room plan.
d. Setbacks on all buildings located on property in question.
e. Proposed setbacks.
3. Grading plan, which shall include:
a. Existing contour.
b. Proposed grading elevations.
c. Drainage configuration.
d. Storm sewer catch basins and invert elevations.
e. Spot elevations.
f. Proposed road profile.
4. Landscape plan, which shall include:
a. Location of all existing trees, type, diameter and which trees will be removed.
b. Location, type and diameter of all proposed plantings.
c. Location and material used of all screening devices.
D. Referral To Planning Commission: The city clerk shall refer all applications for rezoning to the planning commission. Upon receipt of the application and other requirements specified in this section, the city clerk shall establish the date for a public hearing by the planning commission and shall be responsible for the mailing and publication of hearing notices.
E. Planning Commission Hearing And Recommendation: The planning commission shall hold a public hearing affording an opportunity for all parties interested to be heard. The city clerk shall give not less than ten (10) days' nor more than thirty (30) days' notice of time and place of such hearing published in the designated legal newspaper for the city. Such notice shall contain a description of the property proposed to be rezoned and the proposed change in zoning. At least ten (10) days before the hearing, an identical notice shall be mailed to the owner or owners of the property in question and to each of the property owners within three hundred fifty feet (350') of the outside boundaries of the land proposed to be rezoned. Failure to mail such notice or failure of the property owners to receive said notice shall not invalidate the proceedings. Within sixty (60) days after the date of reference by the council, the planning commission shall make a written report to the council stating its findings and recommendations.
F. Action By City Council: Within thirty (30) days after receipt of the report and recommendations from the planning commission, the council shall consider the application. At the time of consideration, the council may take final action or it may continue the discussion from time to time for further investigation. The council may also request further information and report from the planning commission. The council shall not rezone any land in any zoning district without having first referred it to the planning commission. Any other proposed amendment to this chapter may be referred to the planning commission for its consideration and recommendations. (Ord. 429, 8-3-2010)