(A) This chapter may be amended by majority vote of all of the members of the City Council; however, if the proposed rezoning changes property, all or part of which has an existing classification of residential, to either commercial or industrial, a two-thirds majority vote of all members is required.
(B) Proceedings for amendment this chapter shall be initiated by any of the following:
(1) A petition of the owner or owners of the actual property, the zoning of which is proposed to be changed;
(2) A recommendation of the Park/Planning Commission; and
(3) By action of the City Council.
(C) All applications for amendments which are initiated by the petition of the owners of property shall be filed in the city office and shall be accompanied by 12 copies of site plans and/or graphics containing the following information and folded where necessary to the size of eight and one-half inches by 11 inches:
(1) A generalized location map showing the location of the proposed site in relation to the city;
(2) A scaled plot plan, with north indicated, of the proposed site showing all dimensions;
(3) All types of proposed uses;
(4) Location of all buildings and structures on the proposed site, including trash enclosures;
(5) Where required, elevation drawings or illustrations indicating the architectural treatment of all proposed buildings and structures, including trash enclosures;
(6) Any plan for the modification of standards set by this chapter or any other provision of city ordinances;
(7) Location and size of all required parking spaces and a summary of the total number of parking spaces shown thereon;
(8) Where required, a landscaping plan including the location, size and type of all proposed planting materials;
(9) Where required, the design, placement and size of all proposed signs;
(10) Where required, a grading and drainage plan for the site;
(11) A legal description of the property to be rezoned;
(12) Names and addresses of property owners within 350 feet of subject property; and
(13) Any additional information as needed by the city in order to carry out appropriate review.
(D) Where applicable, the site plan will be reviewed by the Fire Chief, City Engineer, City Planner and City Administrator/Clerk/Treasurer and forwarded to the Park/Planning Commission and City Council for final approval. Such review shall be completed within 20 working days of the receipt by the city of the application. Recommendations and comments from the Fire Chief, Engineer, Planner and City Administrator/Clerk/Treasurer shall be forwarded to the Park/Planning Commission and City Council.
(E) The Park/Planning Commission shall consider applications for amendments to this chapter and rezoning amendments only at their regular meetings, although this requirement shall not prevent the Park/Planning Commission from considering an amendment to this chapter at a special meeting upon unanimous vote of all Park/Planning Commissioners present when the time and date of said meeting is determined.
(F) Within 60 days after the date of receipt of the amendment application by the city office, the Park/Planning Commission shall make a written report to the Council stating its findings and recommendations on the application.
(G) The City Council shall hold a public hearing within 30 days after receipt of the report and recommendation from the Park/Planning Commission. If the Park/Planning Commission fails to make a report within 60 days after receipt of the application, the Council shall hold a public hearing within 30 days after expiration of said 60-day period.
(H) The City Council shall not give less than ten days’, nor more than 30 days’, notice of time and place of such hearing which shall be published in the designated legal newspaper, and such notice shall contain a description of the amendment or a description of the land proposed be rezoned.
(I) At least ten days before the hearing, the City Administrator/Clerk/Treasurer shall mail notice to the owner and to each of the property owners within 350 feet of the outside boundaries of the land proposed to be rezoned. Failure to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.
(J) The City Council shall act upon the application within 45 days after receiving the recommendation of the Park/Planning Commission.
(Ord. passed 12-17-2014)