Whenever the public necessity, convenience or general welfare or good zoning practices require it, City Council may, by ordinance, amend, supplement, change or repeal the regulations, restrictions and boundaries contained in this Zoning Code, provided that such action is in conformity with the provisions of this chapter and that any such ordinance has been referred to the Planning Commission for its recommendation prior to adoption by City Council.

(Ord. 2337. Passed 10-20-92.)

   Amendments to this Zoning Code may be initiated in one of the following ways:

   (a)   By adoption of a motion by the Planning Commission;

   (b)   By adoption of a resolution by City Council, which resolution shall be referred to the Planning Commission for consideration; or

   (c)   By the filing with the Administrator of an application to reclassify land by an owner or contract owner of the property proposed to be rezoned.

(Ord. 2337. Passed 10-20-92.)

   Prior to submitting an application for an amendment to the Official Zoning Maps, the applicant shall appear before the Planning Commission to informally discuss the proposed rezoning. The Commission shall at the time advise the applicant as to which of the items listed in Section 1266.04 shall be included by the applicant as part of the application for rezoning.

   The applicant shall then file with the Administrator an application containing the information as required by the Planning Commission. The application shall be accompanied by a fee as set forth in Section 1262.05. Upon receipt of the application, the Administrator shall schedule the same for a public hearing before the Commission and shall provide notice of said hearing as set forth in Section 1266.06.

(Ord. 2337. Passed 10-20-92.)

   All applications for rezoning shall include a correct legal description of the property and the names and addresses of the owners of property contiguous to or directly across the street from the subject property. In addition, the Planning Commission may require that a development plan be submitted containing any or all of the following data:

   (a)   Existing topography at two-foot contour intervals of the property to be rezoned and extending at least 300 feet outside of the proposed site, including property lines, easements, street rights-of-way, existing structures, trees and landscaping features existing thereon;

   (b)   The proposed vehicular and pedestrian traffic patterns;

   (c)   The location of all existing and all proposed structures;

   (d)   The proposed assignment of the use and subdivision of land, including private land and common land;

   (e)   Preliminary plans of all structural types;

   (f)   Preliminary drawings showing proposed landscape treatment;

   (g)   Deed restrictions and protective covenants;

   (h)   A schedule for construction and cost estimates;

   (i)   A regional location map;

   (j)   A population impact evaluation;

   (k)   A market report;

   (l)   A traffic impact evaluation;

   (m)   A utilities impact evaluation;

   (n)   A drainage impact evaluation; and

   (o)   Such other relevant information as the Planning Commission may require.

(Ord. 2337. Passed 10-20-92.)

   The Planning Commission shall make a recommendation to Council within a reasonable period of time. The Commission may attach such conditions or amendments with respect to the request for rezoning as it may deem reasonable and necessary. Such conditions or amendments shall be transmitted to Council along with the request.

(Ord. 2337. Passed 10-20-92.)

   Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing on the proposed amendment. Said hearing shall be held not more than ninety days from the receipt of the Commission recommendation.

   Notice of said hearing shall be given by:

   (a)   Publication of the time, place and purpose of said hearing for two consecutive weeks, on the same day of the week, in a newspaper of general circulation in the City. No hearing shall be held less than five nor more than ten days following the final publication.

   (b)   Written notice to the owners of property contiguous to and directly across the street from the property which is proposed to be rezoned. Such written notice shall be by first class mail to the owners as shown on the current tax list, at least ten days prior to the hearing.

   (c)   Posting of the property with a sign furnished by the Administrator indicating the time and place of the hearing. Said sign shall be erected by the applicant within ten feet of whatever property line abuts a public street and shall be so placed as to be clearly visible from the road. If no public street abuts the property, then the signs shall be erected on at least two property lines as directed by the Administrator. The applicant shall erect said sign at least five days prior to the date of the public hearing.

(Ord. 2337. Passed 10-20-92.)

   Council may adopt, deny or adopt with modifications the recommendation of the Commission. The development plan, along with any conditions or amendments to the application, upon adoption by Council, shall become part of said rezoning and shall be deemed incorporated by reference into legislation creating the zoning change. Said development plan, conditions and amendments shall bind any future development or use of the property in question.

(Ord. 2337. Passed 10-20-92.)

   At any time after the approval of a rezoning, the owner may request a change in the development plan. Such request shall be filed with the Administrator who shall schedule it for review by the Commission. If the Commission finds the proposed change to be in substantial agreement with the previously approved development plan, it may approve the same. If the Commission finds the change to represent a substantial departure from the intent of the previously approved plan, it shall require that the applicant submit a new application and follow the same procedure as for the original approval.

(Ord. 2337. Passed 10-20-92.)

   Should a request for the rezoning of land be denied by Council, at least twelve months shall elapse before another application for rezoning of the same land to the same zone is considered.

(Ord. 2337. Passed 10-20-92.)