The purpose of this article is to establish uniform procedures for initiation of amendments to this ordinance, the notification process, public hearings and final action by city council. Nothing herein shall be construed to limit the city council from initiating consideration of amendments to this ordinance.

Proposed amendments to this ordinance include amendments to the zoning regulations, boundaries of the various districts as depicted on the official zoning district map, or amendments which grant a specific use permit. Amendment of a district regulation, a district boundary, or the granting of a specific use permit should be consistent with the purposes, goals, objectives, and standards of the comprehensive plan of the city and the zoning policies set forth in this ordinance. Granting a specific use permit, rezoning, or amendment of zoning regulations shall not exempt the applicant from complying with the requirements of the building code and all other applicable ordinances of the city.

In addition to the certificate of zoning compliance called for in this ordinance, a specific use permit shall be required before any of the uses described in the respective district regulations as specific uses will be permitted within the applicable district. The zoning administrator shall not issue a certificate of zoning compliance for such specific uses as may be hereafter created, changed, converted, or enlarged, in whole or in part, until and unless a specific use permit has been obtained in accordance with the amendment procedures set forth in this ordinance.

In determining whether an ordinance granting a specific use permit should be adopted, the city council shall consider uses of abutting property and other property in the vicinity, the compatibility of such proposed specific use with abutting and area uses, giving due consideration to the preservation of the character of the neighborhoods, accessibility for vehicular and pedestrian traffic, including the condition of streets, alleys and sidewalks, and other means of ingress and egress to public streets, and the adequacy of drainage and off street parking.

Performance standards, protective screening, open space requirements, and the applicable underlying district regulations provided in this ordinance shall be applicable to specific use permits, except to the extent more stringent standards are imposed by the specific use permit ordinance.

In granting a specific use permit, the city council may impose such additional standards, conditions, and safeguards as may be deemed necessary and appropriate, and full compliance therewith shall be required before a certificate of occupancy is issued by the building inspector for use of property pursuant to such specific use permit; and such conditions shall be construed as conditions precedent to the granting of the certificate of occupancy.

Any person desiring to petition for an amendment to a regulation contained in this ordinance or a district boundary shall be required to file an application in writing with the zoning administrator, accompanied by a nonrefundable fee in such amount as may be established from time to time by the city council to defray the cost of notification and processing the application. The application shall include, but not be limited to, the following:

(1)

Each applicant's name and address.

(2)

A specific description of the amendment proposed.

(3)

A statement of the need or justification for said amendment, including its consistency with the zoning policies and purposes set forth in this ordinance and/or its consistency with the city's most current comprehensive planning document or documents.

(4)

In the event the proposed amendment is to change a district boundary:

(a)

The legal description and address of the property affected and the proposed boundaries of said property;

(b)

The signed consent of the property owner or owners whose property would be affected by the proposed amendment;

(c)

The applicant's interest in the subject property if the applicant is not a property owner of all or a portion of the subject property;

(d)

The present zoning classification and existing uses of the property proposed to be reclassified; and

(e)

Such other information or documentation as the city council or zoning administrator may deem necessary.

Any person or group of persons desiring to petition for an amendment granting a specific use permit shall be required to file an application in writing with the zoning administrator, accompanied by a nonrefundable fee in such amounts as may be established from time to time by the city council to defray the cost of notification and processing the application. The application shall include, but not be limited to, the following:

1.

Each applicant's name and address;

2.

The legal description and the address of the property that is the subject of the application for a specific use permit;

3.

A detailed description of the specific use permit that is proposed;

4.

The zoning district in which the subject property is located;

5.

The signed consent of the owner or owners of the subject property, if the applicant is not the owner of the property;

6.

The applicant's interest in the subject property if the applicant is not an owner of all or part of the property; and

7.

Such other information or documentation as the city council or zoning administrator may deem necessary.

A public hearing or hearings shall be held by the city council, to the extent required by state law, before adopting any ordinance amending, repealing, or otherwise changing a zoning regulation or a zoning district boundary established by this ordinance, including an ordinance granting a specific use permit.

(a)

Notice of public hearing. Notice of all public hearings shall be given in accordance with this section and applicable state law.

(1)

Content. The public hearing notice shall set forth the time, date, and place of the hearing, a general description of the subject of the proposal under consideration, and identification of the city council as the body conducting the hearing.

(2)

Publication. Notice of public hearings hereunder shall be given by publication in a paper of general circulation within the city, more than 15 days prior to the date of such hearing.

(3)

Personal notice to certain property owners. This paragraph applies only to a change in zoning classification. Notice of such hearing shall also be sent to each owner, as indicated by the most recently approved city or county tax roll, of real property on which a change in zoning classification is proposed or real property within 200 feet thereof. Such notice, which shall be given more than ten days before the date of the public hearing, may be served by depositing same in the U. S. Mail, properly addressed with postage paid. The city council may not adopt a change in zoning classification until the expiration of 30 days following the publication of such notice.

(b)

Record. The city council shall cause a record to be made of each hearing which shall include, but not be limited to:

(1)

The minutes of the hearing;

(2)

Written protests or documents submitted by citizens in favor of or against the proposed amendment; if any; and

(3)

The application, exhibits and papers submitted to city council, and any written reports of city staff.

However, the failure to make or keep of all or part of such record shall not impair any action by the city council.

(c)

Action by city council. The city council may grant or deny an application for an amendment, or, if it deems necessary, take no action, or refer the proposal to such other official body as it may deem appropriate for further study and review.

(d)

[Conflict in terms.] In the event of any conflict in terms between this section and any other law, the less restrictive provision shall govern and control. This subsection governs and controls over any other provision of any ordinance concerning zoning, including any other provision concerning conflicting terms.

In the event a proposed amendment is not approved by the city council, such amendment shall not be reconsidered prior to the expiration of six months from the date of the decision unless conditions pertaining to property considered in the original application and/or property in the area have, in the opinion of the city council, changed to such an extent to justify consideration of a subsequent application prior to the expiration of such six-month period.