The petitioner for a zoning district boundary amendment or modification will be required to submit a professional survey and/or plat to the Building Department delineating the area(s) of the zoning request. These submittals will be required to be given to the Building Department at least ten days in advance of the public hearing. The submittals will be of such nature that the affected lots and properties are distinguishable, the zoning and re-zoning boundaries are clearly identified and the accepted mapping protocols are included. Two paper copies and an electronic copy of the submittal will be required. The electronic copy will be of such nature that will allow accurate interfacing with the city's mapping program.

(Ord. 985-08, passed 5-19-2008)

   Any petitioner, public or private, for an amendment or modification to a zoning district boundary (such as, change of zoning) shall give all adjoining property owners and all other property owners within 200 feet of the petitioners’ property boundary, notice of the time and place of the public hearing by registered/certified mail at least seven days in advance of the hearing. Notice of the hearing shall also be posted on the road frontage of the property for which the amendment application has been filed.

(Ord. 985-08, passed 5-19-2008; Am. Ord. 1052-17, passed 6-5-2017)

   The public hearing shall take place at a meeting of the Planning and Zoning Commission. The Planning and Zoning Commission shall render a recommendation for/against the zoning request. The Planning and Zoning Commission may table the request for a period not exceeding 15 working days and then shall render a recommendation for/against the zoning request. This recommendation shall be presented to the Lead City Commission at the Lead City Commission's next scheduled meeting.

(Ord. 985-08, passed 5-19-2008)

   Within ten working days of the receipt of the Planning and Zoning Commission's recommendation, the Lead City Commission shall take action to approve or deny the issuance of the change of zoning. This decision shall be based upon, but not limited to the consideration of the following:

   (A)   Adjacent land use.

   (B)   Type of development, if appropriate.

   (C)   Access from city, county and state roads.

   (D)   Location appropriate for requested zone.

   (E)   Flood plain.

   (F)   The effect of the proposed change of zoning upon:

      (1)   Housing, existing and potential.

      (2)   Public services.

      (3)   Water and sewer services.

      (4)   Public roads.

      (5)   Parks and recreation.

      (6)   Open space areas

   (G)   Proposed development plan with time schedule, if appropriate.

   (H)   The cumulative effect of the proposed change when considered with existing zoning.

(Ord. 985-08, passed 5-19-2008)

   (A)   Filing. Any person withstanding, aggrieved or affected by any decision of the Lead City Commission shall be permitted to appeal to the Lead City Commission by written request. An appeal shall only be considered if filed within ten working days after the cause arises or the appeal shall not be considered. If such an appeal is not made, the decision of the Lead City Commission shall be considered final.

   (B)   Stays of proceedings. An appeal stays all proceedings from further action unless there is immediate danger to public health and safety.

(Ord. 985-08, passed 5-19-2008)

   The fee for a zoning request must be submitted with the application. The Lead City Commission will set the fee for zoning changes by resolution.

(Ord. 985-08, passed 5-19-2008)