This Title may be amended by changing the boundaries of a zone, the classification of land, or any other provisions hereof to promote the health, safety, morals or the general welfare of the City.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

Initiation of amendments to these zoning regulations and Zoning Map may be initiated by the City Council, the Planning Commission or the owner or bona fide agent of the property involved.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

A.

Submission. An application by an individual for an amendment shall be made to the Community Development Director on forms provided by the City, and shall be accompanied by such maps, drawings and data as may be required and necessary to demonstrate that the proposed amendment is in general conformance with the Comprehensive Plan and promotes the health, safety, morals or the general welfare of the City.

B.

Information. An accurate legal description and scale drawing of the land and existing improvements shall be submitted with the application.

C.

Review, Report. The application shall be reviewed by the City Engineer in accordance with subsection 11-40-8C4 of this Title and a report prepared. The report shall be filed with the City Clerk prior to the application being presented for action by the Planning Commission.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

Upon receipt of the necessary filing fee, and a complete and verified application, the Community Development Director shall set the time and place for public hearing. Notices and hearings shall be held in accordance with the procedures and requirements as set forth in Chapter 35 of this Title.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

If, at the conclusion of the hearing, the Commission decides to recommend an amendment to this Title, said recommendation shall be by resolution of the Commission.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

A copy of any recommended amendment shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearings and recommendations of the Commission.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

In the event that the Commission recommends denial of the application or any portion thereof, the applicant may appeal said determination to the City Council.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

After receipt of a copy of any recommended amendment from the Commission and before adopting any amendment, the City Council shall set the matter for public hearing and shall give notice of the time and place of the hearing, as prescribed by State law and City ordinances.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

In order to amend this Title, the City Council shall find the following:

A.

That the proposed amendment is in general conformance with the adopted Comprehensive Plan for the City.

B.

That the proposed amendment promotes the health, safety, morals or the general welfare of the City.

In determining the above stated, the deliberating body shall consider, but is not limited to, the following factors: Present land use; present zoning in adjacent areas; impact on traffic; impact on utilities; noise; drainage; and character of existing neighborhoods.

(Ord. 841, 2-23-1988, eff. 3-23-1988)

In case an application for an amendment to this Title is denied, said application shall not be eligible for reconsideration for one year following such denial. A new application, affecting or including all or part of the same property must be substantially different from the denied application to be eligible for consideration within one year of denial of the original application.

(Ord. 841, 2-23-1988, eff. 3-23-1988)