The city council may by ordinance and subject to the procedure provided by law, amend, supplement or change the regulations, district boundaries or classification of property established by this chapter or amendments thereof.

(Code 1977, § 5.260)

Changes to this chapter may be initiated by petition of one (1) or more owners of the property to be affected by the proposed amendment, or by persons with a legal interest in the property or by agents thereof, or by resolution of the city council or the planning commission.

(Code 1977, § 5.261)

The application for any proposed zoning change shall be directed to the planning staff on forms prescribed for such purpose, accompanied by sufficient information, so as to assure the fullest presentation of facts for the permanent record.

(1)

By application. Any person, firm or corporation desiring a change in the zoning classification of property shall file with planning staff an application for zoning change. When the application for zoning change appears to be in accordance with public necessity, convenience, safety and the general welfare of the city, planning staff shall refer such application to the city planning commission.

a.

Notice of hearing. The city planning commission shall then hold a public hearing on such proposed amendment, supplement or change as set forth in the application, notice of the time and place of the meeting shall be given as provided for in section 28-8.

Failure to send notice. Failure to send notice by mail to any such property owner where the address of such owner is not a matter of record in the assessor's office shall not invalidate any proceedings in connection with the proposed amendment, supplement or change.

b.

Additional notice of hearing. In addition to the published notice required by law, the city planning commission shall give notice of the time, place and purpose of its public hearing to be held on the proposed amendment, supplement or change, by mailing written notice of same to the last known address of the owners and occupants, as shown on the records of the assessor, of all properties lying within three hundred (300) feet of any part of the property, the zoning classification of which is proposed to be changed.

Failure to send notice by mail to any such property owner where the address of such owner is not a matter of record in the assessor's office shall not invalidate any proceedings in connection with the proposed amendment, supplement or change. When such amendment, supplement or change does not include any change of district boundaries or classification of property, this additional notice of hearing shall not be required.

c.

Public hearing. The city planning commission shall adopt rules and regulations for the conduct of public hearings consistent with law and the provisions of this Code.

d.

Procedure following public hearing. After the public hearing on such amendment, supplement or change, the city planning commission shall make its report. Such report shall be by resolution of the city planning commission carried by the affirmative votes of the majority of members in attendance. Such amendment, supplement or change, with report, shall then be certified in writing to the city council and to the county register of deeds.

e.

Action by city council. Such amendment, supplement, or change, accompanied by the report of the city planning commission, shall then be presented by the city council. The city council shall consider the proposed amendment, supplement, and notice requirements prescribed in this section. Such amendment, supplement or change may be adopted or denied only by the affirmative votes of no less than four (4) members of the city council.

f.

Upon presentation of a protest petition meeting the requirements for this section, such amendment, supplement or change which is the object of the petition shall be passed only by a two-thirds (⅔) vote of the city council. The protest petition shall be presented to the city council before final legislative action on the amendment, and shall be signed by one (1) of the following:

1.

The owners of at least twenty (20) percent of the areas of land included in the proposed change, excluding publicly owned land.

2.

The owners of at least twenty (20) percent of the area of land included within an area extending outward one hundred (100) feet from any point on the boundary of the land included in the proposed change, excluding publicly owned land.

g.

Whenever a proposed amendment, supplement or change has not been approved by the city planning commission and the city council concurs by not adopting it, such amendment, supplement or change shall not be resubmitted to the city council for at least one (1) year from the date of the city council denial, excepting when it is established to the satisfaction of the city council that there has been a material change in circumstances justifying reconsideration.

(2)

By resolution. Whenever deemed necessary for public convenience, general welfare or good zoning practice, the city planning commission, or the city council may initiate an amendment, supplement or change in the form of a resolution for zoning change provided it is adopted by a majority vote of the full membership of either of the respective commissions. Such proposed amendment, supplement or change to this chapter shall then be handled in accordance with the same procedure for filing an application for zoning change.

(Code 1977, § 5.262; Ord. No. 2003.20, § 1, 11-25-03; Ord. No. 2011.15, § 5, 8-16-11; Ord. No. 2016-29, § 3, 11-15-16)