This chapter, including the district boundary map, may be amended from time to time. However, no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the city planning commission for review and recommendation.

(Code 1991, § 31-291)

(a)

Text amendments. Amendments to the text of this chapter may be initiated by the city council, the city planning commission, or any citizen. However, if an amendment is denied, then an application for the same amendment shall not be submitted for a period of 12 months from the date the original request was heard and denied by the city council.

(b)

District boundary map amendments. Amendments to the district boundary map may be initiated by the city council, the city planning commission, the property owner, his agent (with written consent of the property owner), lessees of the property or their agent (with written consent of the property owner), or persons who have contracted to purchase the property contingent upon their ability to acquire the necessary permits under this chapter or the agent of such person (who shall make application in the name of such owners, lessees or contract vendees and with the written consent of the property owner). However, no such amendment shall be initiated for the same change of zoning request affecting the same property or any part thereof within 12 months of a hearing and decision on such zoning change by the city council, as provided in section 44-501. This 12-month period does not apply to actions initiated by either the city council or the city planning commission.

(Code 1991, § 31-292)

(a)

Text amendments. Any request for an amendment to this chapter shall be submitted on a standard application provided by the county joint planning department. Completed forms shall be submitted with an application fee covering the cost of processing the submitted application and the expenses associated with advertising for the public hearing, plus any additional information the applicant or county joint planning department deems necessary, to the county joint planning department.

(b)

District boundary map amendments.

(1)

Any request for an amendment to the district boundary map shall be submitted on a standard application provided by the planning department.

(2)

Completed forms shall be submitted with an application fee covering the cost of processing the submitted application and the expenses associated with advertising for the public hearing, plus any additional information the applicant or planning department deems necessary, to the planning department.

(3)

All applications shall be signed by the applicant or in the case of multiple parcels all applicants and shall state the:

a.

Name;

b.

Tax map number;

c.

Telephone number;

d.

Correct E-911 address;

e.

Legal description of the land affected by the amendment;

f.

Description of the proposed map change;

g.

Concise statement of the reasons why the petitioner believes the proposed amendment would be in the public interest.

(4)

Withdrawal of a district boundary map amendment application shall be in writing.

(Code 1991, § 31-293)

Once all required information is submitted to the county joint planning department, the city planning commission shall schedule a date to consider such application and hold a public hearing. The city planning commission shall act on an application within 30 days of the public hearing. All applications shall be submitted to the county joint planning department by the commission's meeting date prior to the date the commission is to hold a public hearing on the subject.

(Code 1991, § 31-294)

(a)

The city planning commission shall announce and have published in a newspaper of general circulation at least 15 days prior to its regularly scheduled or special call meetings a list of all proposed amendments to be considered and a brief description of each.

(b)

When a proposed amendment affects a district classification of property, a hearing notice shall also be made by posting the subject properly. Posting of said property shall occur at least 15 days prior to the public hearing. Hearing notice shall be conspicuously located on or adjacent to the affected property with at least one such notice being visible from each public thoroughfare that abuts the property.

(c)

Any such sign or other posting shall be maintained at all times by the applicant until a decision on the application has been made public by the city planning commission. It shall be unlawful for any person to remove or tamper with such sign during the period it is required to be maintained under this subsection.

(d)

All papers and other data relative to an amendment shall be transmitted to the city planning commission by the director of planning. The city planning commission shall review and augment such data with testimony presented at the hearing. Such testimony shall be in the form of information provided by the applicant or by agent or attorney for the applicant. Additionally, all interested parties shall be invited to provide information relative to conditions surrounding and potentially impacted by the proposed amendment.

(e)

If a landowner whose land is the subject of a proposed amendment will be allowed to present oral or written comments to the city planning commission, at least ten days' notice then an opportunity to comment in the same manner shall be given to other interested members of the public, including owners of adjoining property.

(f)

An owner of adjoining land or his representative has standing to bring an action contesting the ordinance or amendment. However, this subsection does not create any new substantive right to any party.

(g)

No challenge to the adequacy of notice or challenge to the validity of a regulation or map, or amendment to it, whether enacted before or after the effective date of the ordinance from which this section is derived, may be made 30 days after the decision of the city council if there has been substantial compliance with the notice requirements of this section or with established procedures of the governing authority of the city planning commission.

(Code 1991, § 31-295)

(a)

Following the meeting at which the application is considered, the city planning commission shall make a written recommendation to the city council. The recommendation should be based upon and consistent with the following:

(1)

How the proposed amendment relates to and affects the city's comprehensive land use and development plan.

(2)

The validity of the plan relative to the area under consideration.

(3)

The need to correct an error or a deficiency in the ordinance or accompanying map.

(4)

Any benefits which would be derived from the proposed amendment.

(5)

Any cost to the city in terms of expenditures for public improvements, facilities and services.

(6)

Public testimony.

(7)

Public interest.

(b)

The recommendation shall be determined by a majority of the city planning commission members voting. All decisions shall be made in open session and shall be incorporated into the city planning commission's minutes.

(c)

The recommendation and all supporting information shall be submitted to the city council.

(Code 1991, § 31-296)

The city council shall act on the recommendation by the city planning commission and provide written notice of its action. Public hearings in addition to the one held by the city planning commission are optional and may be held at the discretion of the city council.

(Code 1991, § 31-297)

After first reading by city council of an ordinance to amend these regulations, there shall be a moratorium on the issuance of all incompatible and/or nonconforming permits by the building inspections department. The moratorium shall cease when city council acts on the application as outlined in section 44-501.

(Code 1991, § 31-298)