A. Criteria For Granting Zoning Amendments: The city council may adopt amendments to this title and zoning map in relation to land uses within a particular district or to the location of the district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city.
B. Kinds Of Amendments:
1. A change in a district's boundary (rezoning).
2. A change in a district's regulations.
3. A change in any other provision of this title.
C. Initiation Of Proceedings: Proceedings for amending this title shall be initiated by at least one of the following three (3) methods:
1. By petition of an owner or owners of property that is proposed to be rezoned, or for which district regulation changes are proposed.
2. By recommendation of the planning commission.
3. By action of the city council.
D. Required Exhibits For Rezoning Or District Regulation Changes Initiated By Property Owners:
1. Required Information: A boundary description and preliminary building and site development plan subject to approval of the zoning administrator. The city council may require a certified survey. If a survey is required, the property shall also be properly monumented with metal stakes and caps.
2. Proof Of Ownership: Evidence of ownership or enforceable option on the property. (1998 Code)
E. Procedure To Initiate Rezoning Or Change In District Regulation:
1. Petition By Property Owner:
a. Meet With Zoning Administrator: The property owner or his designated agent shall meet with the zoning administrator to explain the situation, learn the procedures, and obtain an application form.
b. Application; Fee: The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by the city council.
c. Transmittal To Planning Commission: The zoning administrator shall transmit the application and required exhibits to the planning commission within thirty (30) days after receipt.
d. Notice Of Hearing: The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published in the legal newspaper at least once, not less than ten (10) days and not more than thirty (30) days prior to said hearing. When an amendment involves changes in district boundaries affecting an area of five (5) acres or less, the notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property situated wholly or partly within three hundred fifty feet (350') of the property to which the amendment relates.
e. Hearing: The planning commission shall hold the public hearing and then shall recommend to the city council within thirty (30) days, one of three (3) actions, i.e., approval, denial, or conditional approval.
f. Action By City Council: The city council shall act upon the application within thirty (30) days after receiving the recommendation of the planning commission.
g. Reapplication: No application of a property owner for an amendment to the text of this title or the zoning map shall be considered by the planning commission within the one year prior following a denial of such request. However, the planning commission may permit a new application, if in the opinion of the planning commission, new evidence or a change of circumstances warrant it.
2. Recommendation By Planning Commission Or Action By City Council:
a. Staff Report: The zoning administrator shall transmit a staff report and required exhibits to the planning commission within thirty (30) days of the receipt of the application.
b. Notice Of Hearing: The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published in the legal newspaper at least once, not less than ten (10) days and not more than thirty (30) days prior to said hearing. When an amendment involves changes in district boundaries affecting an area of five (5) acres or less, the notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property situated wholly or partly within three hundred fifty feet (350') of the property to which the amendment relates.
c. Hearing: The planning commission shall hold the public hearing and then shall recommend to the city council within thirty (30) days, one of three (3) actions, i.e., approval, denial, or conditional approval. (Ord. 942, 7-18-2016)
d. Action By City Council: The city council shall act upon the application within thirty (30) days after receiving the recommendation of the planning commission. (1998 Code)