The City Council may adopt amendments to this chapter and zoning map in relating both to land uses within a particular district of to the location of the district line. The amendment shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city.

(Ord. 164, passed 9-14-1982)

The following are the different kinds of zoning amendments:

(A)

A change in a district's boundary or rezoning;

(B)

A change in a district's regulations; and

(C)

A change in any other provisions of this chapter.

(Ord. 164, passed 9-14-1982)

Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

(A)

By petition of an owner or owners of property which is proposed to be rezoned or for which district regulations changes are proposed;

(B)

By recommendation of the Planning Commission; and

(C)

By action of the City Council.

(D)

This chapter may be amended by a simple majority of the City Council, except that the adoption or amendment of any portion of this chapter or any zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the City Council.

(Ord. 164, passed 9-14-1982)

The following are required exhibits for rezonings or changes:

(A)

Abstractor's property certificate showing property owners' names and addresses within the affected zone and within 350 feet of the outer boundaries of the property in question unless waived by the City Council;

(B)

A boundary survey and preliminary building and site development plan; and

(C)

Evidence of ownership or enforceable option on the property.

(Ord. 164, passed 9-14-1982)

The procedure for a property owner to initiate a rezoning or district regulation change applying to this property is as follows.

(A)

The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application form.

(B)

The applicant shall file the completed applications form together with the required exhibits with the Zoning Administrator and shall pay a filing fee as established by the City Council.

(C)

The Zoning Administrator shall transmit the application and required exhibits to the Planning Commission and shall notify all property owners within the affected zone and within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive the notification shall not invalidate the proceedings.

(D)

The Zoning Administrator shall set the date for a public hearing and shall have notices of the hearing published in the legal newspaper at least once, not less than ten days and not more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a city wide amendment to this chapter initiated by the Planning Commission or City Council.

(E)

The Planning Commission shall hold the public hearing and then shall recommend, one of three actions, which are approval, denial or conditional approval.

(F)

The Planning Commission shall make findings and transmits its recommendation to the City Council for its official action within 60 days after holding the public hearing.

(G)

The City Council shall act upon the application after receiving the recommendation of the Planning Commission.

(H)

No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the Planning Commission within the one-year period following a denial of the requests, except the Planning Commission, a new application, if in circumstances warrant it.

(Ord. 164, passed 9-14-1982)