The City Council may make amendments to the UDO as set forth in either (A) or (B) below:

(A)

Referral to the Planning Commission:

(1)

Study and Recommendation. Proposals may be referred by resolution to the Planning Commission for study and recommendation.

(2)

Public Hearing. A public hearing shall be held as provided in Chapter 157.

(3)

City Council Action. After consideration of the recommendation of the Planning Commission, the City Council may:

(a)

Adopt the amendment;

(b)

Modify the amendment and adopt;

(c)

Refer to the Planning Commission for further study; or

(d)

Vote down the amendment.

(B)

Without Referral to the Planning Commission. The proposed amendment may be adopted by the City Council without prior referral to the Planning Commission.

(Code No. 1965, App. A., Art. 5(8), Art. 12(2), App. C., Art. V., §F; Ord. No. 1747, 6-29-70; Ord. No. 2980, 2-7-84; Code 1991, §§160.55, 159.68, 160.157; Ord. No. 4100, §2 (Ex. A), 6-16-98)

The Planning Commission may initiate amendments to the UDO as follows:

(A)

Study and Consideration. The proposed amendment shall be presented to the Planning Commission for study and consideration.

(B)

Public Hearing. A public hearing shall be held as provided in Chapter 157.

(C)

Recommendation to City Council. Following the public hearing, the Planning Commission may, upon passage, present the proposed amendment to the City Council in whole, or in modified form. The Planning Commission shall provide a written statement of the reasons for such recommendation.

(Code 1965, App. A., Art. 12(3); Ord. No. 1747, 6-29-70; Ord. No. 2920, 5-3-83; Code 1991, §160.158, Ord. No. 4100, §2 (Ex. A), 6-16-98)

(A)

Application. A landowner or authorized agent/representative may apply for a rezoning of the landowner's property by completing, signing and submitting the Planning Department's rezoning application with all required documentary attachments, paying the rezoning application fee and providing at least the following information (as well as all information required by the rezoning application):

(1)

The full name and address of the property owner and any designated agent or representative.

(2)

The legal description of the property requested to be rezoned and the proposed new zoning district(s).

(3)

A statement explaining the compatibility of this proposed rezoning with neighboring property and explaining why the proposed rezoning will not unreasonably adversely affect or conflict with surrounding land uses.

Prior to the Planning Commission's consideration of the rezoning request, the applicant must furnish the Planning Department a signed certificate of mailing to notify all adjacent property owners of this requested rezoning pursuant to §157.03.

(B)

Action by Planning Commission.

(1)

The Planning Commission may forward the rezoning request as submitted or amended by the Planning Commission to the City Council with a recommendation of approval.

(2)

The Planning Commission may disapprove the rezoning request so that the rezoning request will not be considered by the City Council unless the applicant properly appeals.

(C)

Action by the City Council.

(1)

The City Council may by majority vote approve and enact the rezoning ordinance as recommended by the Planning Commission or as requested by the applicant who has properly appealed the Planning Commission's denial of the requested rezoning.

(2)

The City Council may amend the proposed rezoning request and approve such amended rezoning ordinance by majority vote.

(3)

The City Council may refuse to approve the rezoning request which is thereby denied.

(4)

The City Council can by motion return the proposed rezoning to the Planning Commission for further study and recommendation.

(D)

Re-petitions for amendment. No application for zoning amendments will be considered by the Planning Commission within twelve (12) months from the date of final disapproval of a proposed amendment unless there is evidence submitted to the Planning Commission which justifies reconsideration.

(E)

Withdrawal.

(1)

Before publication. A petition for amendment may be withdrawn at any time before publication of the notice and posting signs for the public hearing.

(2)

After publication and posting of notice. After the publication and posting of notice, the petition may be withdrawn at the discretion of the Planning Commission. If the petition is permitted to be withdrawn after the public hearing, it shall be in the Planning Commission's discretion whether or not a petition affecting part or all of the same property may be refiled sooner than one (1) year from the date of withdrawal.

(Code 1965, App. A., Art. 12(1); Ord. No. 1747, 6-29-70; Ord. No. 2538, 7-3-79; Code 1991, §160.156; Ord. No. 2716, §1, 6-15-93; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5521 9-4-12; Ord. No. 6054, §1, 3-20-18)