(A) Adoption. This chapter may be amended, changed, or altered only by a favorable majority vote of all members of the City Council, except that the adoption or amendment of any portion of this chapter which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-third’s majority of all members of the City Council, and only after a public hearing has been duly advertised and held by the Planning Commission.
(B) Kinds of amendments. An amendment to this chapter may be one of the following:
(1) A change in a district’s boundary (rezoning);
(2) A change in a district’s regulations; or
(3) A change in any other provision of this chapter.
(C) Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:
(1) By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed;
(2) By recommendations of the Planning Commission; or
(3) By action of the City Council.
(D) Exhibits. Required exhibits for rezoning or district regulation changes initiated by a property owner are:
(1) The boundary survey and plot plan as required for building permit applications;
(2) Elevation drawings indicating the design treatment of all proposed buildings and structures, and general floor plans of those buildings; and
(3) A list of all property owners within the affected area and within 350 feet of the outer boundaries of the subject area.
(E) Procedures. The procedure for a property owner to initiate a rezoning or district regulation change applying to his or her property is as follows.
(1) The property owner or his or agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures, and obtain an application form.
(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay the required filing fee.
(3) The Zoning Officer shall transmit the application and required exhibits to the Planning Commission. Written notice of the public hearing shall be mailed at least ten days before the date of the hearing to the property owners within the affected zone and within 350 feet of the outer boundaries of the area in question; however, failure of any property owner to receive notification shall not invalidate the proceedings.
(4) The Zoning Officer shall have notice of the required public hearing published in the official municipal newspaper not less than ten calendar days prior to the date of the hearing.
(5) The Planning Commission shall hold the public hearing and shall recommend one of three actions: approval, denial, or conditional approval.
(6) The Planning Commission shall transmit its recommendation to the City Council for its official action.
(7) The City Council shall act upon the application after receiving the recommendation of the Planning Commission.
(1997 Code, § 25.12) (Ord. passed 11-14-1994)