Any person may submit to the Council an application requesting a change in the zoning district boundaries as shown on the Official Zoning Map.

1.   Such application shall be filed with the Administrative Officer accompanied by a fee as established by resolution of the Council, and shall contain the following information:

   A.   The legal description and local address of the property.

   B.   The present zoning classification and the zoning classification requested for the property.

   C.   The existing use and proposed use of the property.

   D.   The names and addresses of the adjoining property owners of the property for which the change is requested so each shall be contacted by mail for the purpose of a courtesy notice of the public hearing.

   E.   A statement of the reasons why the applicant feels the present zoning classification is no longer valid.

   F.   A plat showing the locations, dimensions, and use of the applicant’s property and all adjacent property, including streets, alleys, railroads, and other physical features.

   G.   A plan showing:

      (1)   Erosion and sediment control;

      (2)   Protection of natural vegetation cover;

      (3)   Open space requirements;

      (4)   Perimeter fences; and

      (5)   Protecting the integrity of existing drainage areas or tiles.

All fees shall be deposited to the General Revenue Fund of the City. Failure to approve the requested change shall not be deemed cause to refund the fee to the applicant.

2.   Upon receipt of the application by the Administrative Officer, a copy shall be forwarded immediately to the Commission for study and recommendation. Prior to making a recommendation, the Commission shall determine the following:

   A.   Whether or not the current district classification of the property to be rezoned is valid;

   B.   Whether there is a need for additional land zoned for the purpose requested;

   C.   Whether the proposed change is consistent with the current land use plan, considering such factors as:

      (1)   Whether the rezoning would result in a population density or development which would in turn cause a demand for services and utilities in excess of the capacity planned for the area, and

      (2)   Whether the rezoning would result in the generating of traffic in excess of the capacity of existing or planned streets in the vicinity; and

   D.   Whether there is an intent on the part of the applicant to develop the property to be rezoned diligently and within a reasonable time.

3.   The Commission shall report its determinations and recommendations to the Council within 30 days from receipt of the application, except that when no report is issued within that time, the application will be deemed approved by the Commission. The Council shall then call a public hearing as provided in Section 165.28.