The city council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal the regulations, restrictions and boundaries herein established or the entire zoning ordinance or parts thereof. In addition, a comprehensive review of the zoning ordinance text and maps shall be made by the city council and the planning and zoning commission at least every five (5) years, and a report and recommendation thereon shall be filed with the mayor and city council. The five-year time period shall commence upon the date of adoption of this ordinance.

The regulations, restrictions and boundaries set out herein or in any other effective zoning ordinance, may be amended, supplemented, changed, modified or repealed on the written petition or application of the owners of at least fifty (50) percent of all the property situated within an area bounded by a line two hundred (200) feet in all direction from the property to be affected by the proposed amendments, supplements or changes.

Any proposed amendment, supplement or change to the zoning ordinance shall be referred to the planning and zoning commission, and the commission’s written report received by the city council before any said amendment, supplement or change shall be adopted.

An application or petition presented on behalf of the owners of the property so affected, shall be accompanied by a fee of one hundred dollars ($100.00), which fee shall be refunded, if the application or petition is withdrawn prior to the publication of any public notice.

The planning and zoning commission shall investigate the proposed amendments, supplements or changes and shall hold at least one (1) public hearing thereon at which parties of interest and citizens shall be given an opportunity to be heard. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation in the City of El Lago.

Written notice of the time, place and purpose of the public hearings or proposed changes in zoning classifications shall be given by United States mail at least ten (10) days prior to the date of said hearing to the applicant and the owners of property, any part of which lies within a radius of two hundred (200) feet of property on which the change in zoning classification is proposed. The tax roll of the City of El Lago shall be used for such notice purposes. Where all property within the two-hundred-foot distance is under the same ownership as the property proposed to be rezoned, the owners of all property adjoining said property in the same ownership shall also be notified.

Following each public hearing, the planning and zoning commission shall report to the city council in writing, recommending either for or against the proposed amendment, supplement or change. The city council may adopt such recommendations as provided by law, return the recommendations to the planning and zoning commission for further study, or act at variance to such recommendations.

If the city council shall receive a protest against such proposed amendment, supplement or change, signed by the owners of twenty (20) percent or more, either of the area of the lots included in such proposed change, or of those within an area bounded by a line two hundred (200) feet in all directions from the property to be affected by the proposed amendment, such supplement or change shall not become effective except by favorable vote of three-fourths of all the members of city council.

Editor’s note—The zoning ordinance was adopted on February 3, 2003.

Any public hearing required by this ordinance to be held by either the city council or the planning and zoning commission may, at the election of city council and after due notice as hereinbefore set forth, be held as a joint public hearing of both the city council and the planning and zoning commission, but the city council shall not take action until it has received the final report of the planning and zoning commission. The city council shall act upon such motion or petition within thirty (30) days from the date the final report of the planning and zoning commission was submitted to the city council.

No amendment, supplement, change or repeal of any section of the zoning ordinance, which has been legally rejected by both the city council and the planning and zoning commission shall be again considered either by the city council or the planning and zoning commission on the petition or application of the owners of any property within the area to be affected by the change, before the expiration of two (2) years from the date of the original application.