The following words, terms and phrases, when used in this article, shall have the meanings given in this section, except where the context clearly indicates a different meaning:

"Amendment" shall mean a change in the zoning code which affects all real property similarly classified without regard to particular parcels of real property.

"Owner" shall mean the person having fee simple title to real property, and any contract purchaser of the same property. The term shall include the attorney-in-fact for any such person. The term used in the singular shall include the plural.

"Rezoning" shall mean a change in the zoning district designation for a specific parcel of real property.

(Ord. No. 2639, § 1, 9-25-79)

Cross reference— Definitions and rules of construction generally, § 1-2.

This article sets forth the procedural requirements for the rezoning of real property, and for amendments to the provisions of this chapter. Procedural requirements for amendments to the comprehensive plan are set forth in section 23-31 et seq.

(Ord. No. 2639, § 1, 9-25-79)

(1)

The rezoning of real property may be initiated by the city council, the planning and zoning board, or the owner of the property which is the subject of the proposed rezoning. Any person may request that the planning and zoning board initiate a rezoning of property, and the planning and zoning board may accept or reject that request.

(2)

A request for rezoning may be initiated by the owner of the property which is the subject of the proposed rezoning by filing an application with the city, which shall be processed in accordance with the procedures and requirements set forth in section 28-9, and additionally shall set forth the following information:

(a)

The name and address of the applicant;

(b)

A legal description of the property which is the subject of the application;

(c)

The change in zoning requested;

(d)

The name and address of each owner of the property; and

(e)

Such other relevant information that the development services director may designate.

(3)

A rezoning initiated by the city council or by the planning and zoning board shall not require the filing of an application.

(4)

Upon the department's determination that the application is complete and complies with all minimum technical requirements, pursuant to section 28-9, the department shall set a date for a public hearing to be held by the planning and zoning board.

(5)

Notice of the public hearing shall be provided as set forth in section 28-8.

(6)

The planning and zoning board shall report its recommendation on the application for rezoning to the city council promptly after the conclusion of the public hearing. The planning and zoning board shall recommend approval or denial of the rezoning, but may not recommend approval with any condition, except as provided in section 23-351 et seq.

(7)

The city council shall consider the recommendation of the planning and zoning board and shall either accept or deny the recommendation by adopting or rejecting an ordinance to rezone the subject property, but may not adopt a rezoning ordinance with any condition except as provided in section 23-351 et seq.

(8)

The city clerk shall set a date for the public hearing to be held by the city council upon the rezoning ordinance and shall provide notice of the public hearing as set forth in section 28-8.

(9)

Reserved.

(10)

A rezoning ordinance shall not be amended after introduction unless the amendment is requested or agreed to in writing by the owner prior to adoption of the ordinance, except that the area of the subject property may be reduced and bona fide errors in the land description may be corrected by amendment.

(Ord. No. 2639, § 1, 9-25-79; Ord. No. 3400, § 6, 5-14-85; Ord. No. 3530, § 2, 9-9-86; Ord. No. 4170, § 27, 9-27-94; Ord. No. 4320, § 16, 4-8-97; Ord. No. 5600, § 18, 10-26-21; Ord. No. 5642, § 21, 1-10-23)

Cross reference— Planning and zoning board, § 2-256 et seq.

(1)

No real property shall be rezoned, and no amendment to this chapter shall be adopted, unless such action is consistent with the comprehensive plan of the city.

(2)

The planning and zoning board shall include in its recommendation upon any rezoning application, and upon any ordinance amending the zoning code submitted to the planning and zoning board for review, a finding that the proposed action is or is not consistent with the comprehensive plan, and the planning and zoning board shall otherwise comply with the applicable provisions of section 23-31 et seq.

(Ord. No. 2639, § 2, 9-25-79)

Cross reference— Comprehensive plan, § 23-31 et seq.

(1)

Protest against any rezoning may be filed prior to the adoption of the ordinance which, if adopted, would effect the rezoning, and the ordinance shall not be adopted except upon the affirmative vote of 4 or more members of the city council if the protest satisfies each of the following requirements:

(a)

The protest shall be filed with the city clerk not later than 1:30 p.m. on the day before the day the ordinance is scheduled for public hearing.

(b)

The protest shall be in writing in the form of a petition, all counterparts of which shall be assembled as 1 instrument for filing.

(c)

The petition and each counterpart thereof shall contain a clear and concise statement of the rezoning that is opposed, 1 or more lines for signatures, and a form of affidavit under oath for the circulator of the petition or counterpart, verifying the fact that the circulator saw each person sign, that each signature is the genuine signature of the person it purports to be of, and that the petition or counterpart was signed in the presence of the circulator on the date indicated.

(d)

Each signature shall be executed in ink and shall precede or be followed by the name and address of the person signing, typed or in legible manuscript, and the date of the signature.

(e)

The petition shall bear the signatures of not less than 20 percent of the number of owners of parcels of land within 500 feet in all directions away from the boundaries of the property which is the subject of the rezoning ordinance.

(2)

Where a parcel of land is owned by 2 or more persons, only 1 protest shall be allowed for that parcel to satisfy the requirements of this section, and the signature of only 1 of the owners shall be required on the protest petition in order for the protest to be counted. For the purposes of this section, a unit of land in condominium or other collective ownership shall be deemed to be a parcel of land.

(Ord. No. 2639, § 3, 9-25-79)

(1)

A proposal to amend any provision of this chapter may be initiated by the city council, any member of the city council, the planning and zoning board, the city manager or the city attorney, in accordance with the following procedure:

(a)

All such proposals shall be forwarded to the development services department, which will take the following action:

1.

Set dates for the public hearings to be held by the planning and zoning board and the city council;

2.

Provide notice of public hearings as set forth in section 28-8; and

(b)

The planning and zoning board shall report its recommendation on the proposal to the city council promptly after the conclusion of the public hearing.

(c)

The city council shall consider the recommendation of the planning and zoning board and shall either accept, modify or deny the recommendation, or return the recommendation to the board for additional study. If by acceptance, modification, or denial of the recommendation a change in the ordinances of city is required, an ordinance setting forth the change shall be introduced as soon as possible.

(2)

In the alternative, the city council may direct the city clerk to schedule a public hearing upon any such proposal without reference of the proposal to the development services department or to the planning and zoning board.

(Ord. No. 2639, § 4, 9-25-79; Ord. No. 4170, § 27, 9-27-94; Ord. No. 5600, § 19, 10-26-21)

Editor's note— Ord. No. 5642, § 22, adopted Jan. 10, 2023, repealed § 28-170, which pertained to abandonment of applications for conditional use approvals and derived from Ord. No. 4320, § 17, adopted April 8, 1997.