A. City Council Amendments: The city council may amend this title pursuant to subsection 18.04.010P of this title.
B. Amendments By Other Persons: Any resident or other person having an equitable and bona fide interest in the city may petition the city for an amendment.
C. Application For Amendment: Any person seeking to amend this title, the zoning map or city boundary shall make application for such amendment by taking required actions and filing the following information and documents with the planning commission:
1. A written application describing the change desired and the reasons therefor.
2. A nonreturnable amendment application fee.
D. Notice To Property Owners: Any applicant seeking to amend the zoning map or city boundary shall mail by certified mail, and submit copies thereof, a notice of the proposed action to all owners of real property within three hundred feet (300') of the proposed zone change.
E. Zoning, Boundary Amendments: Zoning or city boundary (annexation) amendment requirements:
1. A vicinity plan, drawing of the area, and boundary description.
2. Names of all property owners in the subject area.
3. Names of all owners within four hundred feet (400') of the subject area boundary.
4. A sufficient number of plain white legal size envelopes, addressed to the property owners, with the city as the return address, and with proper postage.
F. Preparation, Manner Of Submission: All plans, plats and information shall be submitted in a neat, organized manner, prepared by individuals competent to do such work, to include licensed professional engineers, architects and land surveyors.
G. Notice Requirements:
1. The city shall prepare and give notice of public hearings to consider the proposed amendment as provided by law for zoning amendments.
2. At least ten (10) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city.
H. Planning Commission Review: The planning commission shall review the application and make its recommendations concerning the proposed amendment to the city council within thirty (30) days from receipt of the amendment application in a regularly scheduled meeting. The planning commission shall recommend adoption of a proposed amendment only when the following findings are made:
1. The proposed amendment is in accord with the comprehensive general plan, goals and policies of the city.
2. Changed or changing conditions make the proposed amendment reasonably necessary to carry out the purposes stated in the chapters of this title.
I. Positive Recommendation; City Council Action: When the planning commission recommends the amendment, the city council may:
1. Adopt the amendment by majority vote.
2. Reject the amendment.
3. Modify the proposed amendment and refer back to the planning commission for its recommendation to be returned to the city council within thirty (30) days.
J. Negative Recommendation; City Council Action: When the planning commission recommends denial of the amendment, the city council may:
1. Reject the amendment.
2. Modify the proposed amendment and refer back to the planning commission for its recommendation to be returned to the city council within thirty (30) days.
3. If the city council determines that the proposed amendment may have merit in spite of the planning commission's negative recommendation, the city council may adopt the amendment by an affirmative vote of four (4) members.
K. Additional Reviews: Where an application for a zoning or city boundary amendment has been denied, the planning commission and the city council shall not review the same zoning amendment application within two (2) years unless there is substantial change of conditions since the earlier application. A new application and fee will be required. (Ord. 2008-002, 2008)