(A) Amendments by public body.
(1) The City Council may suggest that the Planning Commission amend the text of these regulations, or the Planning Commission itself may desire to initiate an amendment.
(2) Amendments to the text proposed by the Planning Commission shall be advertised in a paper of general circulation at least 15 days in advance of a public hearing to be conducted by the Planning Commission. After the public hearing, the Planning Commission shall make a report and recommendation to the City Council pertaining to the proposed amendment to the text. The City Council action on the report and recommendation shall be final.
(B) Amendments by the city.
(1) The City Council may suggest that the Planning Commission amend the text of the zoning regulations and/or the zoning classification as shown on the zoning map, or the Planning Commission itself may desire to initiate an amendment.
(2) Amendments to the text and/or map proposed by the Planning Commission shall be advertised in a paper of general circulation at least 15 days in advance of a public hearing to be conducted by the Planning Commission. After the public hearing, the Planning Commission shall make recommendations to the City Council concerning the proposed amendments. The City Council shall either approve or deny the recommendations or send the recommendations back to the Planning Commission for further study. After reconsideration by the Planning Commission, the City Council can take any action it deems appropriate on the Planning Commission recommendations.
(C) Amendments by individual property owners.
(1) A zoning amendment petition, giving the legal description of the property, zoning classification requested and a drawing prepared to scale showing the property requested to be rezoned shall be filed by the property owner with the City Clerk 30 days before the Planning Commission public hearing.
(2) The property owner shall file with his or her petition proof that certified return receipt letters have been sent to all property owners owning property that adjoins property for which the rezoning petition is being filed, including properties across any street or public right-of-way. The letter shall state what the existing zoning classification is, what the petitioner is requesting his or her property be rezoned as, and the time and place where the public hearing will be held. The property owners who are to be notified as owners shall be those property owners as recorded in the County Assessor's Office.
(3) A fee of $100 shall accompany the special use request.
(4) The Planning Commission shall hold a public hearing on a proposed amendment. Notice of the public hearing shall be published in a newspaper of general circulation in the city, at least one time 15 days prior to the hearing.
(5) Following the public hearing, the proposed amendment may be approved as presented or in modified form by a majority vote of the Planning Commission membership. The Commission shall justify its recommendations to the City Council.
(6) If the Planning Commission disapproves a proposed zoning amendment, the reason for such disapproval shall be given in writing to the petitioner within 15 days from the date the Planning Commission acts on the petitioners request.
(7) The City Council, by majority vote, may by ordinance adopt the recommended amendment submitted by the Planning Commission or may return the proposed change to the Planning Commission for further study and recommendations. If the City Council does not concur with the recommendations of the Planning Commission, either as first submitted or as submitted after re-study, the City Council may, by a majority vote, amend these regulations by granting the request for a proposed change in zoning classification in full or in modified form.
(8) Following disapproval of a proposed amendment by the Planning Commission, the petitioner may appeal such disapproval to the City Clerk why he or she considers the Planning Commission’s findings and decisions are in error. Such appeal shall be filed with the City Clerk within 15 days of receipt of notice of Planning Commission action.
(9) The City Council may review the action the Planning Commission has taken on the proposed amendment and may approve the proposed amendment only by not less than three-fourths vote of the Council membership.
(10) No application for a change in zoning classification will be reconsidered by the Planning Commission within 12 months from date of final disapproval unless the Commission finds a substantial reason exists for waiving this limitation.
(Ord. 26, passed 10-24-67; Am. Ord. 316, passed 12-17-01; Am. Ord. 327, passed 10-21-02)