§ 153.030  AMENDMENTS TO A ZONING DISTRICT.
   (A)   Purpose/standards. This chapter may be amended and the boundaries of any district or text of this chapter may be changed in accord with the procedure prescribed in this section. Amendments may be made by an affirmative vote of four members of the City Council; however, the adoption or amendment of any portion of a zoning ordinance that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires an affirmative vote of five members of the City Council.
      (1)   Proceedings for amendment of this chapter may be initiated by:
         (a)   A petition of the owner or owners of the actual property to be rezoned;
         (b)   The Planning Commission; or
         (c)   The City Council.
      (2)   All applications for amendments which are initiated by property owners shall be filed with the Zoning Administrator who shall forward the application to the Planning Commission.
      (3)   An amendment to this chapter may be granted by the City Council after demonstration by evidence that:
         (a)   The proposed location of the amendment is in accord with the objectives of the Comprehensive Plan; and
         (b)   The amendment will not impede the normal and orderly development and improvement of surrounding property.
   (B)   Exhibits. If the application involves the changing of zoning districts and boundaries thereof, the application shall be accompanied by the following:
      (1)   Map or plat as listed on the application form;
      (2)   Written proof of ownership of the property for which the rezoning is requested; and
      (3)   Other documents as requested by the Zoning Administrator.
   (C)   Public hearings. The Planning Commission shall hold at least one public hearing on all applications for amendments.
      (1)   Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the designated legal newspaper of the city. The notice shall contain the date, time and place of the hearing and a description of the land and proposed change in zoning, if relevant. When an amendment involves changes in district boundaries, at least ten days before the hearing, the City Clerk shall mail an identical notice to the owner and to each of the property owners within 350 feet of the property for which the amendment is sought. Failure of the City Clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.
      (2)   Action by City Council: The City Council must approve or deny the application pursuant to § 153.028(C)(2).
   (D)   Denial. The City Council may deny an application upon a written finding of legally sufficient reasons with a factual basis that the proposed application is not in the best interest of the physical development of the city. No application which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission.
(Ord. passed 10-11-1963)