(A) Council may amend. Whenever the public necessity, convenience, general welfare or good zoning practice require, the Council may by ordinance, after recommendation thereon by the Commission, amend the regulations or change district boundaries. It shall be the duty of the Commission to submit to the Council its recommendations regarding all applications for amendments or changes within 60 days after referral to the Commission. ('69 Code, § 7-29.01)
(B) Initiation. An amendment or change may be initiated by motion of the Council, by motion of the Commission or in the case of district boundary changes, by filing an application therefore by one or more of the owners of property within the area proposed to be changed. ('69 Code, § 7-29.02)
(C) Application. Application for any change of district boundaries shall be submitted to the Administrator, with a copy to the Council through the City Clerk, upon such forms and accompanied by such data and information as is needed to assure the fullest practicable presentation of facts. When an amendment involves changes on district boundaries affecting an area of five acres or less, such data shall include a map drawn to scale of not less than 200 feet to the inch showing the land in question, the length and location of each boundary thereof, and the location and principal use of all properties within 350 feet of such land. Applications signed by an owner of property within the area proposed to be re-classified, shall attest to the truth and correctness of all information presented with the application. ('69 Code, § 7-29.03) (Am. Ord. 830, passed 3-10-97)
(D) Flood hazard application. The flood hazard designation on the zoning map shall not be removed unless it can be shown that the areas are filled to an elevation at or above the flood protection elevation for the particular area and are contiguous to other lands lying outside the district. All amendments to this title affecting the flood hazard provisions, including amendments to the Flood Hazard District on the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. ('69 Code, § 7-29.04)
(E) Administrator - recommendations. The Administrator shall review the proposed amendment to the regulations or change in district boundaries and render a report thereon analyzing the advantages and disadvantages of the proposal. He shall recommend to the Commission approval, denial, or modification of said amendment or boundary changes on the basis of the facts and circumstances, the Comprehensive Guide Plan and other information.
(F) Commission action.
(1) Notices. Before submitting its recommendations on any amendment to the regulations or change in district boundaries to the Council, the Commission shall hold at least one public hearing thereon, as provided in § 155.164. When an amendment involves changes in district boundaries affecting an area of five acres or less, notice shall also be posted on the affected property.
(2) Recommendations. Following such hearing and review of the planner's report, the Commission shall prepare and transmit a written recommendation to the Council.
('69 Code, § 7-29.06) (Am. Ord. 830, passed 3-10-97)
(G) Council - final action. After reviewing the recommendation of the Commission thereon, the Council shall consider such recommendations and if it decides to proceed shall instruct the City Attorney to prepare an ordinance for subsequent adoption by the Council of the proposed amendment or the district boundary change by a vote of two-thirds of all its members. ('69 Code, § 7-29.07)
(H) Map change pending. Whenever an application has been filed or a motion has been approved by the Commission or the Council for a change or amendment of the zoning map from a less restricted district to a more restricted district classification, a development permit or building permit may not be issued within 90 days from the date of such filing or motion which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan. ('69 Code, § 7-29.08)
(I) Shoreland District amendments. Copies of all public hearing notices to consider amendments in the Shoreland District shall be sent to and received by the Commissioner of Natural Resources at least ten days prior to such hearings. Copies of decisions granting amendments shall be received by the Commissioner of Natural Resources within ten days after final action. ('69 Code, § 7-29.09)