Except as and unless otherwise provided in this chapter, notice of proposed rezoning and amendments shall be given as follows.
(A) Proposed rezoning of an individual property or of ten or fewer adjacent properties. If a proposed rezoning involves an individual property or ten or fewer adjacent properties, the Planning Commission shall:
(1) Publish a notice in a newspaper of general circulation within the city not less than 15 days prior to the date of the public hearing at which the proposed rezoning will be considered stating the public hearing’s time, date, and place;
(2) Send a copy of the notice stating the nature of the rezoning request and the time, date, and place of the public hearing by first-class mail or personal delivery to the person requesting the rezoning and to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question, regardless of whether the property or occupant is located within the zoning jurisdiction. If a tenant’s or other occupant’s name is not known, the term “occupant” may be used; and
(3) In addition to the foregoing the notice shall do all of the following:
(a) Describe the nature of the request;
(b) Indicate the property or properties that is or are the subject of the request. The notice shall include a listing of all existing street addresses within the property; provided, however, that street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used; and
(c) Indicate when and where written comments will be received concerning the request.
(B) Proposed rezoning of 11 or more adjacent properties. If a proposed rezoning involves 11 or more adjacent properties, the Planning Commission shall:
(1) Publish a notice in a newspaper of general circulation within the city not less than 15 days prior to the date of the public hearing at which the proposed rezoning will be considered stating the public hearing’s time, date, and place; and
(2) In addition to the foregoing the notice shall do all of the following:
(a) Describe the nature of the request;
(b) Indicate the property or properties that is or are the subject of the request; and
(c) Indicate when and where written comments will be received concerning the request.
(C) Amendments or supplements to this chapter.
(1) A proposed amendment or supplement shall be first submitted to the Planning Commission, which shall hold at least one public hearing. Notice of the public hearing shall be given as follows:
(a) As to the proposed rezoning of an individual property or the proposed rezoning of ten or fewer adjacent properties, notice of the public hearing shall be given as provided in division (A) of this section;
(b) As to the proposed rezoning of 11 or more adjacent properties, notice of the public hearing shall be given as provided in division (B) of this section;
(c) As to any other proposed amendment or supplement to this chapter, notice of the public hearing shall be given by publication in a newspaper of general circulation within the city not less than 15 days prior to the date of the public hearing at which the proposed amendment or supplement will be considered. The notice shall state the public hearing’s time, date, and place.
(2) As to any proposed amendment or supplement to this chapter, notice of the time and place of the public hearing shall also be given by mail to each electric, gas, and pipeline public utility, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport that registers its name and mailing address with the City Clerk Treasurer for the purpose of receiving the notice of public hearing.
(3) Each notice of a public hearing on a proposed amendment or supplement to this chapter shall include the places and times at which the proposed text and any maps of this zoning ordinance may be examined.
(4) Following a public hearing on a proposed amendment or supplement to this chapter the Planning Commission shall transmit a summary of comments received at the hearing together with the proposed amendment or supplement to this chapter, including any zoning maps and recommendations, to the City Council.
(D) Protest petitions; super majority required. A proposed amendment or supplement to this chapter is subject to a protest petition. If a protest petition is filed, approval of the proposed amendment or supplement to this chapter shall require a two-thirds affirmative vote. The protest petition must be presented to the City Council before final legislative action is taken on the proposed amendment or supplement and shall be signed by one or more of the following:
(1) The owners of at least 20% of the area of land included in the proposed change;
(2) The owners of at least 20% of the area of land included with an area extending outward 100 feet from any point on the boundary of the land included in the proposed change; or
(3) Publicly owned land shall be excluded in calculating the 20% land area requirement in divisions (D)(1) and (2) above.
(Ord. passed 4-12-2011)