(A) Purpose. The Council may, on its own motion, or on request of the Planning Commission, or on petition or appeal of the affected property owners:
(1) Transfer land, or a portion thereof, from the district in which it is situated into another district, by amendment to this chapter; and
(2) Change any of the regulations of this chapter as to the use or platting of land in any district, or as to the restrictions upon buildings or structures herein, by amendment to this chapter
(B) Procedure.
(1) An application for amendment shall be filed with the City Administrator in duplicate, accompanied by a fee as determined by the Council. The City Administrator shall forward one copy to the Planning Commission. The Planning Commission may transmit its recommendations on the application to the city within 30 days.
(2) The Planning Commission may transmit its recommendations on the application to the Council within 30 days.
(3) (a) The Planning Commission shall give notice of the time and place of the public hearing.
(b) Notice shall be given not more than 30 days nor less than ten days in advance of the hearings, by publishing a notice thereof at least once in a newspaper published in the city by notifying the owner or owners of the property under consideration, and by notifying by mail at least ten days prior to the meeting the property owners within 300 feet of the subject property.
(c) The current City Assessor’s tax records shall be deemed sufficient for the location or certification of ownership of said properties.
(4) (a) The Council, upon receiving reports of the Planning Commission, and without further public hearing, may vote upon the adoption of any proposed amendment or it may refer it back to the Planning Commission and/or Board for further consideration.
(b) If no recommendation is transmitted by the Planning Commission within 30 days after the hearing, the Council may take action without awaiting such modifications.
(c) In considering such recommendations, due allowance shall be made for existing conditions, for the conservation of property values, for the direction of building development to the best advantage of the entire city, and for the uses to which the property affected is being devoted at the time; and no change shall be recommended unless it is required for the public good.
(d) The amendment shall be effective only if three-fourths of all the members of the Council concur in its passage.
(C) The petition. The petition shall:
(1) Give the name or names of the petitioner or petitioners, and the petition shall be signed by each of them. The address of each petitioner shall be given;
(2) Specifically describe the area proposed to be rezoned, and give the names and addresses of all owners of property owned by each;
(3) State the present zone classification of the area and the proposed zone classification;
(4) State the present use of each separately owned tract within the area, and the intended use of any tract of land therein, if the petitioners, or any of them, have particular use presently in mind;
(5) Show how the rezoning will fit in with the general zoning pattern of the neighborhood, and the zoning plan of the entire city; and
(6) Be accompanied by three copies of a map showing the property to be rezoned, and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of such area. The map scale shall be 100 feet to the inch.
(2006 Code, § 11.61) (Ord. 130, passed 12-24-1971)