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(A) Written request or petition to City Commission. Except for those initiated by Planning Commission or City Commission, all written requests by one or more owners for an amendment shall be submitted to the City Commission.
(B) Referral to Planning Commission/public hearing. The City Commission shall refer every proposed amendment, supplement, or change to the Planning Commission for the holding of a required public hearing thereon and for review and recommended action.
(C) Planning Commission recommendation. The Planning Commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of the proposal upon the Land Use Plan of the city. The Planning Commission may recommend any additions or modifications to the original amendment proposal. The Planning Commission shall transmit a written report with recommendation within 60 days to the City Commission setting forth the reasons for the acceptance, denial, or modification of the amendment proposal.
(D) Action by City Commission. If the City Commission deems any amendment, changes, additions or departures are advisable to the proposed text or district boundaries recommended by the Planning Commission, it shall refer the same back to the Planning Commission for a further report thereon within a time specified by the City Commission. Before any amendments shall become effective, the City Commission may on its own conduct a public hearing on the proposed amendment. Thereafter, the City Commission may adopt the amendment with or without any changes or may refer the same again to the Planning Commission for further report.
(E) Public hearing procedure and notification. For any required public hearing conducted by the Planning Commission or any additional public hearings by the City Commission on a proposed amendment to this chapter, the following procedure and notice requirements shall apply.
(1) Notice of the public hearing shall be given by publishing the notice at least once in an official paper or newspaper of general circulation for the city, stating the time and place of the hearing and the substance of the proposed amendment, and in the event of a proposed change in the Zoning Map, the district boundary lines affected shall also be stated. This notice shall appear in the newspaper at least 15 days prior to the date set for the public hearing. Furthermore, not less than 15 days’ notice of the time and place of the public hearing shall first be given by United States mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and a hearing be granted any person interested at the time and place specified. An affidavit of mailing shall be maintained.
(2) If a change in zoning boundaries is proposed, notice shall also be made by the City Clerk, with notification by first class mail to the person or firm to whom the property is assessed, and to all persons or firms to whom property within 300 feet is assessed. An affidavit of mailing shall be maintained.
(F) Effect of protest to proposed amendment. In case a protest against any proposed amendment to this chapter is presented in writing to the City Clerk prior to the public hearing thereon, duly signed either by:
(1) The owners of at least 20% of the area of land included in the proposed change; or
(2) The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change excluding public land and public right-of-way, the amendment shall be passed by three-fourths vote of all members of the City Commission.
(G) Resubmittal. No application for a rezoning which has been denied by the City Commission shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly-discovered evidence or proof of changed conditions found upon inspection by the City Commission to be valid.
(1993 Code, § 154.242) (Ord. 84-1, passed 1-3-1984)