(A) Whenever the public necessity, safety, and general welfare or good zoning practices justifies such action, and after consideration and recommendation by the City Planning Commission, as provided herein, the City Council may change zoning district boundaries, use groups, or the regulations established by this chapter. A proposed change of zoning district boundaries or regulations may be initiated in the following manners:
(1) The City Council may direct the Planning Commission, to consider a change of zoning district boundaries or regulations;
(2) The Planning Commission may initiate a change of zoning district boundaries or regulations;
(3) One or more of the owners of property within the area proposed to be rezoned may present a request to change the zoning district boundaries; and
(4) Initiated petitions specifying and requesting amendments to the regulations of this chapter containing signatures of 20% of the landowners in the zoning district or districts may be presented to the Administrative Official.
(B) Unless otherwise provided for in these regulations, any change in these regulations shall require City Council approval of an ordinance describing said changes. The City Council may not consider said ordinance until the Planning Commission has delivered a recommendation to either approve or not approve said ordinance amendment.
(C) The following procedure for requesting a zoning amendment or zoning district boundary change shall be followed.
(1) (a) The landowner or other person(s) requesting the Amendment/Boundary change shall complete an application, available from the Zoning Officer. Completed applications shall be returned to the Zoning Officer for review. To be considered by the Planning Commission and City Council, the application form shall be completed and shall be accompanied by the following items:
1. Any required attachments and fees, including mail costs; and
2. Any additional information, as requested by the Administrative Official, as lawfully may be required to determine conformance with and provide for enforcement of this chapter.
(b) The Administrative Official shall review the application, and shall forward a summary of the application, and his or her comments regarding said application, to the Planning Commission for their review.
(c) 1. The Administrative Official shall set the date, time, and place for a joint public hearing to be held by the Planning Commission and City Council.
2. The Administrative Official shall publish notice of the public hearing in a newspaper of general circulation in the area affected by the proposed amendment; such notice shall be published not less than ten days prior to the public hearing.
3. If the proposed amendment will change the boundaries of a zoning district, the Administrative Official shall notify all owners of property within 250 feet of the proposed boundary change, by mail at the expense of the applicant, at least ten days before the public hearing.
(d) The public hearing shall be held. Any person may appear in person, or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the Planning Commission.
(e) The Planning Commission shall either recommend or not recommend approval of the amendment to the City Council.
(f) The City Council shall either approve or not approve the ordinance describing the proposed changes to these zoning regulations, in accordance with standard procedures for reading, approval, publication, and effective date.
(g) When the City Council approves a proposed amendment affecting the zoning classification of property, affected property owners may file a written protest to stop such an amendment from taking effect. If the protest meets the following standard, such amendment shall not become effective unless the amendment is approved by two-thirds of the City Council.
(2) The protest shall be signed by at least 40% of the owners of equity in the parcels in the area affected by the amendment, and the parcels or parts of parcels within 250 feet of the area affected by the amendment.
(Ord. 842, passed 3-14-2022)