(A) The procedure for taking action on an amendment to the zoning code shall be as follows.
(B) (1) An amendment to this chapter may be initiated by the City Council, Planning and Zoning Commission, property owner, or citizen. An amendment may be for a change of property from 1 district to another, a change in district regulations, or a change to other portions of this chapter. All requests for amendment to this chapter text or map shall follow the procedure outlined below.
(2) The Planning and Zoning Commission shall cause to be published a notice of public hearing in the official newspaper at least 10 days prior to the date of the hearing. When the petition involves changes in zone boundaries affecting an area of 5 acres or less, a similar notice shall be mailed at least 10 days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates.
(3) For the purpose of giving mailed notice, the Zoning Administrator shall use the records of the city public utilities and the County Recorder to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt was made to comply.
(4) The Planning and Zoning Commission shall hold a public hearing on the amendment within 30 days of its filing. The Planning and Zoning Commission shall consider the effect of the amendment on the comprehensive plan and on existing and planned land uses in the neighborhood of the amendment and throughout the city. Within 10 days of the public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council.
(5) The City Council shall either approve or deny the application by a 2/3 vote of the members of the Council within 60 after the filing of a complete application for an amendment to the zoning code, or within 120 days if the Council has extended the time period by giving written notice of the additional 60 day extension and the reason for it to applicant within the first 60-day period.
(6) No petition of a property owner for an amendment to this chapter shall be considered by the city within the 1-year period immediately following a previous denial of the request, except the city may consider a new petition if, in the opinion of the Planning and Zoning Commission, new evidence or a change of circumstances warrant it.
(Ord. 239, § 1109, passed 1-22-2000)