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The amendment procedures describe the methods by which changes may be made in the text of this Zoning Code (text amendment) and/or the official boundaries of zoning districts (rezoning).
1. Initiation of Amendments.
A. Text amendments may be initiated by the Planning and Zoning Commission or City Council.
B. Rezoning may be initiated by a property owner or authorized agent, the Planning and Zoning Commission, or the City Council.
2. Rezoning Application Requirements. An application for a rezoning may be filed with the Zoning Administrator. The application shall include the following information:
A. Name and address of the applicant.
B. Owner, address, and legal description of the property.
C. A description of the reason for the rezoning application and the nature and operating characteristics of the proposed use.
D. Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Zoning Administrator to be necessary to describe the proposed use to approving agencies.
3. Amendment Process.
A. The Planning Commission, following not less than 4 days notice and publication shall hold a public hearing on each proposed text or rezoning and shall recommend action to the City Council.
B. The City Council, after publication and public hearing, shall act on the proposed amendment. A majority vote of those members either elected or appointed to the City Council is required for approval. If the proposed amendment is recommended for disapproval by the Planning Commission, a majority vote plus one of the City Council shall be required for approval.
C. Protest. If a valid protest petition opposing an amendment is filed with the City Clerk by eligible property owners, a majority vote plus one of those members either elected or appointed to the City Council is required for approval. A valid protest petition must meet the following criteria:
(1) Submission of the petition in the office of the City Clerk within 14 days after the conclusion of the public hearing on the amendment by the Planning Commission.
(2) Notarized signatures by at least one of the following:
(i) The owner or owners of at least 20% of the property proposed for rezoning.
(ii) The owners of 20% of the total area, excepting public rights-of-way and public property, within the zoning jurisdiction of the City and within 200 feet of the proposed rezoning.
4. Required Notice and Publication. Prior to consideration of amending, supplementing, changing, modifying, or repealing this Zoning Code by the governing body, notice of public hearings shall by provided by two of the three following methods, as determined by the City:
A. Publication. Not less that 4 days before the date of hearing, the City Clerk shall have published in a newspaper published at least once weekly and having a general circulation in the City a notice of the time, place, and subject matter of such hearing.
B. Notification by Mail. At least ten days prior to the date of hearing, the party initiating the rezoning request shall present the City Clerk a certified address list of those persons who own property within 500 feet of the subject site. The City Clerk shall mail notice of the time, place, and subject matter of the hearing to such property owners at least ten days prior to the date of the hearing.