A reclassification may be initiated by the commission, the Council, or property owners or holders of valid options to purchase property. Any proposed reclassification shall be in conformance with the adopted Comprehensive Plan and Comprehensive Plan Map. (Ord. 2015-02, 4-20-2015)

   A.   Any person seeking reclassification shall apply to the commission on a form provided by the Administrator, accompanied by the fees. The application shall include a vicinity map showing the lots and parcels of land within three hundred feet (300') of the exterior boundaries of the property in question, together with a list of names and addresses of the owners of each parcel within three hundred feet (300').

   B.   In granting rezone applications for light industrial and business uses, the Council shall require the zones to be screened. The cost of the screening is to be borne by the individual(s) obtaining the rezone.

   C.   Prior to any consideration of a rezone, the Council shall require the following information:

      1.   A statement describing detrimental and/or beneficial impacts on existing adjacent lands and uses.

      2.   Design and plan which shows:

         a.   Existence of natural screening, or the provision of reasonable alternatives, to give separation of the proposed use from surrounding existing uses. The cost of the screening is to be borne by the individual(s) obtaining the light industrial or business rezone.

         b.   Location of utilities (water, sewer, gas and electricity).

         c.   Proposed layout of building(s) including lot coverage and building area.

         d.   Plans for snow removal. (Ord. 2015-02, 4-20-2015)

   A.   Each application will be reviewed at a public hearing for which adequate public notice will be given. A completed application will be heard by the commission at a public hearing within forty five (45) days of its receipt.

   B.   Notice of the time, date, and place of the hearing, and a summary of the proposal shall be given by one publication in a newspaper of general circulation in the County at least fifteen (15) days prior to the hearing, and a second publication within the week immediately prior to the scheduled date.

   C.   The Administrator shall also give notice by United States mail to each property owner whose name appears on the list accompanying the application, giving the time, date, and place of the hearing, the relief sought, the identification of the property under consideration, and such other facts as may be prescribed by the Administrator. Individual mailings may be waived when the aforementioned list includes the names of more than two hundred (200) property owners or residents.

   D.   In any public hearing on a reclassification application, the presiding officer may order the hearing to be continued up to fifteen (15) days at the same place, in which case, no further published notice shall be required. (Ord. 2015-02, 4-20-2015)

The commission shall consider at least the following criteria in acting upon an application for a reclassification:

   A.   Whether there was a mistake in the original zoning.

   B.   Whether there has been a change in the surrounding neighborhood since the zoning ordinance was passed.

   C.   Whether the property owner is presently being denied a reasonable use of his property.

   D.   To what extent the public health, safety, or general welfare may be adversely affected by the reclassification.

   E.   Whether present zoning classifications are in conformity with existing uses of adjacent property.

   F.   Whether the property in question is within the Transitional District.

   G.   Additional criteria for proposed light industrial rezones shall include, but are not necessarily limited to, the following:

      1.   Before approving any rezone application for a Light Industrial Zone, the Council must find that the following required standards are met:

         a.   Existence of natural screening or the provision of a reasonable alternative to give separation from existing uses.

         b.   Minimum size of area to be rezoned is one acre, unless it is to be located adjacent and contiguous to an existing Light Industrial Zone.

      2.   In considering any rezone application for a Light Industrial Zone, the Council shall consider the following factors as favoring the application:

         a.   Location adjacent to existing industrial uses in the City.

         b.   Accessibility of the proposed area to employee and product transportation lines.

         c.   Provision of expanded employment opportunities in the City.

         d.   Economic benefit to the City when compared to the cost of City services needed.

      3.   In considering any rezone application for a Light Industrial Zone, the Council shall consider the following factors as being unfavorable to the application:

         a.   Utilization of residential accesses to serve the industrial area.

         b.   Adverse comments from area landowners. (Ord. 2015-02, 4-20-2015)

   A.   Action By Commission:

      1.   The commission shall enter an order recommending for or against the application within fifteen (15) days after conclusion of the public hearing, together with the reasons therefor.

      2.   The commission shall have the option to recommend the expansion of the boundaries of any application to the Council after the initial public hearing. In such case, a second public hearing must be held to consider the revised boundaries, after giving public notice in the same manner prescribed above. In such case, the Administrator shall determine the names and addresses of the owners of each parcel of land within three hundred feet (300') of the amplified boundaries and notify them by United States mail of the upcoming hearing.

   B.   Notification By Administrator: The Administrator shall give the applicant written notice of the commission's recommendation by certified mail within ten (10) days after the commission has reached a decision. The Administrator shall file the commission's written recommendation with the City Clerk within ten (10) days after such recommendation has been made.

   C.   Action By Council:

      1.   At its next regular meeting after receipt of the commission's recommendation, the Council shall enter an order approving, disapproving, or modifying the recommendation. If the Council disapproves the commission's recommendation, it shall enter an order stating its reasons. If the Council approves a reclassification application, it shall prepare an ordinance of amendment, which shall not become effective until a public hearing has been held.

      2.   The Council shall hold a public hearing on the application at its earliest convenience. Public notice of the time and place of the hearing shall be published in the official newspaper at least fifteen (15) days in advance. Public input shall be taken into consideration by the Council. (Ord. 2015-02, 4-20-2015)

No application for the reclassification of a piece of property which has been denied by the Council or withdrawn by the applicant shall be resubmitted in less than one year from the date of final action thereon. (Ord. 2015-02, 4-20-2015)