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This chapter may be amended by changing the boundaries of any zoning district, imposing new regulations or removing, changing or modifying the regulations previously imposed whenever the public necessity and convenience and the general welfare require such amendment, by following the procedure of this section.
(A) Amendment of the zoning map. An amendment of the zoning map may be initiated by:
(1) The City Council;
(2) The Planning Commission; and/or
(3) One or more owners of property affected by the proposed amendment.
(B) Application for amendment of zoning map. The application shall be made on the form provided and shall be accompanied by a nonreturnable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors. Said application shall bear the property owners signatures and addresses, the legal description and land area of each property included in the application, the total land area represented by the application, a map of the area and a list of the names and addresses of all owners of property within a radius of 300 feet of the exterior boundaries of the property being the subject of the application, using for this purpose the name and address shown on the county assessment roll.
(C) Amendment of the text. An amendment of the text of this chapter may be initiated by:
(1) The City Council;
(2) The Planning Commission; and/or
(3) Any resident of or owner of property in the city.
(D) Application for amendment of the text. The application shall be made on the form provided and shall be accompanied by a nonreturnable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors.
(E) Public hearing. At least one public hearing shall be held by the Commission. Following the aforesaid hearing, the Planning Commission shall file a report of its findings and recommendations with respect to the proposed amendment with the City Council within 30 days of the final public hearing; the report shall be in writing and shall include the recommendations for approval, conditional approval or disapproval and shall contain a brief summary of the reasons for the recommendations. If the Planning Commission deems it advisable, it may recommend that the area under consideration for change in classification be enlarged or diminished or be reclassified to a district other than the district originally initiated.
(F) Withdrawal of petition for amendment. Upon the consent of the Planning Commission, any petition for an amendment may be withdrawn upon the written application of a majority of all persons who signed such a petition. The City Council or the Planning Commission may by resolution abandon any proceedings for an amendment initiated by its own resolution of intention, provided that such abandonment may be made only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held.
(G) Adoption of recommendation. After the Planning Commission has held a public hearing, the City Council may adopt the recommendation of the Planning Commission without holding another public hearing if there is no objection, request for a public hearing or other protest. A public hearing shall be held if requested by the party aggrieved or any member of the public or of the City Council.
(H) Notice. If the City Council holds a public hearing, notice shall be given in the manner provided in § 154-03.02 of this article.
(I) Amendment may be conditioned. An amendment of the zoning map may be conditioned, upon:
(1) A schedule for development of the specific use or uses requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, it shall revert to its former zoning district classification without further action; and
(2) Public dedication of rights-of-way as streets, alleys, public ways, drainage and public utilities are as reasonably required by, or related to, the effect of the amendment.
(J) Filing of protest by adjacent property owners.
(1) If the owners of 20% or more, either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of three-fourths of all members of the City Council.
(2) If any members of the City Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the questions shall be three-fourths of the remaining membership of the Council, provided that such required number of votes shall in no event be less than a majority of the full membership of the Council.
(K) Resubmittal after denial. In case a petition for an amendment is denied by the City Council, said petition shall not be eligible for resubmittal for one year from date of said denial, unless specifically stated to be without prejudice. A new petition affecting the same property must be, in the opinion of the Planning Commission, substantially different from the petition denied, or conditions must have sufficiently changed for the new petition to be eligible for consideration within one year from said date of denial, unless denied without prejudice.
('80 Code, App. A, § 250) (Ord. 583, passed 9-16-1952; Ord. 1378, passed 9-4-1974; Ord. 1939, passed 6-18-1980; Ord. 2426, passed 11-2-1988; Ord. O2003-66, passed 12-3-2003; Ord. O2010-32, passed 7-7-2010)