The Council may, from time to time on its own action or on petition, after public notice and hearing as provided by law and after report by the Planning and Zoning Commission, amend, supplement, or change the boundaries or regulations herein or subsequently established. Such amendment shall not become effective except by the favorable vote of the majority of all the members of the Council.

   The amendment procedure herein established is intended to provide a means for making changes to the text of this chapter or the Official Zoning Map.

   1.   Text. An amendment of text may be initiated by a motion of the Council.

   2.   Rezoning. An amendment may be initiated by a motion of the Council, or any person, firm, or corporation, with a demonstrable ownership interest in the property in question by the filing of a petition meeting all the requirements required by this chapter. The petitioner shall obtain a signed consent to the zoning amendment from the owners of 50 percent or more of all area located within 310 feet of the property proposed to be amended. Other public property (i.e., parks, City utilities, etc.) is not included within the 50 percent consent area.

   1.   Filing Petition; Review. A petition for an amendment to the zoning district classification shall be filed with the Community Development Director. Each rezoning request shall be reviewed by the Community Development Department to ensure that it contains all the information required in this chapter.

   2.   Application Fee. A nonrefundable application fee in an amount determined by resolution of the Council, from time to time, shall be paid to the City with each rezoning request.

   3.   Accompanying Documents.

      A.   Each rezoning request shall be accompanied by a written request for a change, a rezoning map, a master plan, or development plan as required herein, all in accordance with the provisions outlined herein.

         (1)   Plans and Plats Required. The Community Development Director may require a development plan, site plan, preliminary plat, or conceptual master plan for any proposed rezoning.

         (2)   Notification of Surrounding Property Owners. After the Community Development Director has set the Planning and Zoning Commission meeting date, notice will be sent to the surrounding property owners within 310 feet of the property to be rezoned. Notice shall be sent not less than seven days prior to the Planning and Zoning Commission meeting at which the zoning amendment is first considered. The notice shall contain the date, time, and location of the Planning and Zoning Commission meeting and Council public hearing.

         (3)   Notification Signs. The City will post at least one rezoning notification sign containing the time, date, location, and subject of the City Planning and Zoning Commission meeting and Council public hearing on the property for which a request has been made. Notification signs shall be posted at least seven days before the Planning and Zoning Commission meeting and shall remain until one day after the Council public hearing.

      B.   Any or all of the above-mentioned procedures may be waived by the Community Development Director for certain minor rezoning matters, such as the following: rezoning right-of-way, or minor adjustments to zoning boundaries necessitated by minor adjustments to lots or right-of-way lines at the time of approval on final plats of a subdivision.

   4.   Development Plans. Development plans are intended to present basic development information in such a way as to empower area residents, interested parties, City staff and Council to accurately and decisively formulate opinions on the proposed development. Development plans shall be required for all proposed rezoning of land within the City to a commercial or manufacturing district. The Community Development Director may require a master plan for the proposed rezoning to residential districts. Similar to development plans, master plans indicate, on a more general scale, the limits and effect of proposed development.

      A.   Development plans, as well as master plans, shall show, at a minimum, proposed building footprint, utilities, access, parking, and open space. Additionally, the plan shall demonstrate how the development enhances the established neighborhood and the character of the City at large. The Community Development Director may require additional information at their discretion, which they feel will further the intent of the development plan.

      B.   The Community Development Director may suspend the requirement of a development plan if:

         (1)   The Council initiates the rezoning.

         (2)   The actual development of the property is likely to be delayed for a substantial time period, and the development plan is likely to substantially change prior to actual development, and the rezoning is in accordance with the Comprehensive Plan.

         (3)   If the rezoning is not in accordance with the Comprehensive Plan, the Community Development Director may require a Comprehensive Plan amendment in addition to the development plan requirement. Such suspension is not a waiver of the requirement.

   1.   Initial Action by Council. When a petition meeting the requirements of this chapter is presented to the Council, or if the Council elects to initiate an amendment, the Council shall receive and file said petition and refer it to the Planning and Zoning Commission for consideration of such amendment prior to the date of the public hearing.

   2.   Action by Planning and Zoning Commission. After receiving the proposed amendment from the Council, the Planning and Zoning Commission shall review the proposed amendment, and report its recommendations within 60 days to the Council for final action.

   3.   Action by Council.

      A.   After receiving the Planning and Zoning Commission recommendations, the Council, at a public hearing, shall then take final action on the proposed amendment, after public notice in accordance with applicable State law. The amendment shall become effective by the favorable vote of a majority of all the members of the Council. However, in the case of a proposed rezoning of property if: a) the Planning and Zoning Commission disapproves of the amendment; or b) a written protest against an amendment is filed with the Community Development Department, the proposed amendment shall not become effective, except by the favorable vote of at least four-fifths of all the members of the Council. Such protest must be signed by the owners of 20 percent or more of the land included in the proposed amendment, or by the owners of 20 percent or more of the property which is located within 310 feet of the exterior boundaries of the proposed amendment (exclusive of public property and intervening right-of-way).

      B.   The Council may make approval of the development plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, that in the determination of such period, the Council shall consider the scope and magnitude of the development project and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within said period of time shall be deemed sufficient cause for the Council, in accordance with the provisions of this chapter, to rezone the unimproved property to the classification effective at the time of original submission of the development plan, unless an extension is recommended by the Commission and approved by the Council for due cause shown. For the purposes of this title, “unimproved” property means all property situated within the development plan area upon which the installation of improvements has not been commenced.