An amendment to the zoning map may be initiated by the Council, by the Planning Commission, or by application of an owner of a property affected thereby within the City or his authorized agent, which application shall be considered only at the regularly scheduled meetings of the Planning Commission, and which amendment may be considered and enacted pursuant to the procedures described in this chapter.

(Code 1968, § 25-113; Ord. No. 613, § 2(4.22.010))

(a)

An application for an amendment of the zoning map shall be made on a form provided by the City.

(b)

The application must be accompanied by a minimum nonrefundable review and processing fee to be determined by a fee-setting resolution by the Council. The applicant shall also pay actual costs in excess of the established fee which are incurred by the City relative to review and processing of the amendment.

(c)

The application shall also include the following information:

(1)

A description of land area to be rezoned and requested new classification, along with a sketch to scale of one inch equals 100 feet, which shall contain boundaries of area requested to be rezoned, along with an indication of the existing zoning on all adjacent sides of the area.

(2)

A statement of justification for the rezoning, including one of the following conditions:

a.

Changing area conditions;

b.

Error in original zoning;

c.

Conformance to comprehensive plan for areas; or

d.

Peculiar suitability of the site to a specific Use.

(3)

A description and sketches of buildings or Uses proposed if rezoning is granted, along with a description of land and building Uses within 300 feet of the boundary of the proposed area of change, in all directions.

(4)

A statement of proposed water and sewer system from the existing water and sewer district or a plan for expansion of capacity to support the Uses planned for the proposed rezoning.

(5)

A statement from the local school board concerning the adequacy or additional needs of the school system to accommodate the proposed rezoning.

(6)

A description of all proposed parks, playgrounds, and other public facilities.

(7)

A description of proposed methods to accommodate changes in traffic patterns on existing and proposed public and private roadways.

(8)

Any other information or material requested by the Planning Commission or the Council.

(9)

A time schedule for any contemplated new construction or Uses.

(10)

Justification for any new Business or industrial zoning.

(Code 1968, § 25-114; Ord. No. 613, § 2(4.22.020))

(a)

The Planning Commission, within 60 days of receipt of the application (unless a longer time is necessary for consideration of the application for reasons specifically stated by the Planning Commission), shall recommend either approval, approval with modifications, or disapproval of the application to the Council.

(b)

The recommendation of the Planning Commission shall be transmitted to the Council and the applicant.

(Code 1968, § 25-115; Ord. No. 613, § 2(4.22.030))

(a)

The Council shall hold a public hearing on all proposed zoning map amendments after receiving the written report of recommendations from the Planning Commission, except as otherwise provided for Variances, Conditional Uses and legislative zoning.

(b)

A notice of the hearing shall be published in a newspaper of general circulation within the City at least 15 days prior to the hearing date.

(c)

A written notice of the hearing shall be sent by certified mail, at least 15 days prior to the hearing date, to property owners within 300 feet of the property in question.

(d)

The Council, within 30 days of the public hearing, shall approve, approve with modifications, or disapprove the application. The decision of the Council shall be transmitted to the Planning Commission and to the applicant.

(e)

Amendments to these regulations may be made only by ordinance.

(Code 1968, § 25-116; Ord. No. 613, § 2(4.22.040))

Any person applying to the court for a review of any decision made under the terms of this article shall apply for review within 30 days after the date of decision, and the appellant shall be required to pay the cost of preparing a transcript of proceedings.

(Code 1968, § 25-117; Ord. No. 613, § 2(4.22.050))

Comprehensive review and reenactment of all or a significant portion of the zoning map shall be a legislative action and shall not be required to meet any criteria set forth above.

(Code 1968, § 25-118; Ord. No. 613, § 2(4.22.060))

The City Clerk shall maintain a record of amendments to the text and map of this chapter in a form convenient for the use of the public.

(Code 1968, § 25-119; Ord. No. 613, § 2(4.22.070))

(a)

For the purpose of establishing and maintaining sound, stable and desirable development within the City, the rezoning of land is to be discouraged.

(b)

Rezoning should be considered if:

(1)

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the City's comprehensive plan;

(2)

The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area;

(3)

The area for which rezoning is requested is of such a nature and so located that the proposed Zone change will not adversely affect existing or anticipated Uses or property values in the vicinity, and the proposed Zone change will not result in land Uses that are incompatible with the City;

(4)

The amendment is not adverse to the public health, welfare and safety.

(Code 1968, § 25-120; Ord. No. 613, § 2(4.22.080))

Applications for rezoning shall be accompanied by fees established by a fee-setting resolution by the Council.

(Code 1968, § 25-121; Ord. No. 613, § 2(4.22.090))

Zoning of land in the process of annexation may be done in accordance with the procedure and notice requirements of this article. If the zoning process is commenced prior to the effective date of the annexation ordinance, the legal protest area for rezoning shall be determined solely on geographic location, irrespective of whether the land in such legal protest area is within or without or partly within and partly without, the City limits. This section shall not otherwise alter or amend the requirements of the annexation ordinance.

(Code 1968, § 25-122; Ord. No. 613, § 2(4.22.100))