The governing body may, from time to time, amend, supplement or change the district boundaries or regulations contained in this chapter. A proposal for an amendment or a change in zoning may be initiated by the governing body or planning commission or upon application of the owner of the property affected. All such proposed changes shall first be submitted to the planning commission for a public hearing, recommendation and report. The planning commission shall hold a public hearing thereon and shall cause an accurate, written summary to be made of the proceedings.

(Ord. No. 4272, § 1(22-34.01), 4-7-2003)

(a)

Required; contents. Any party desiring any change in zoning district boundaries or regulations contained in this chapter, as to any lot, tract or area of land shall file with the city clerk an application upon forms provided, and such application shall be accompanied by such data and information as may be prescribed by the planning commission. At the time of filing said application with the city clerk, the applicant shall provide the city clerk with the names and addresses of all owners of any land within the city's boundary located within 200 feet of the outer limits of said area to which the applicant desires change of zoning. Where the proposed zoning amendment will include property located adjacent to or outside the city's limits, the applicant shall provide the city clerk with the names and addresses of all owners of any land located within 1,000 feet in the unincorporated area.

(b)

Schedule of construction. An applicant for a change in zoning to a PUD Planned Unit Development, M-P Manufactured Home Park District, or I-P Industrial Park District must satisfy the planning commission that he has the ability to carry out the proposed plan and shall prepare and submit a schedule for construction. The proposed construction shall begin within a period of 18 months following approval by the governing body, and 40 percent of the total planned construction shall be completed within a period of three years following such approval.

(c)

Preliminary development plan. Such applicant shall also prepare and submit a preliminary development plan for review and approval by the planning commission and governing body. Applicants for the PUD, M-P or I-P zones shall submit a plan prepared in accordance with the requirements of the individual district regulations.

(d)

Final development plan. Upon approval of the zoning application and preliminary development plan by the planning commission, the applicant shall prepare and submit a final development plan which shall incorporate any changes or alterations requested. The final development plan and the planning commission recommendation shall be forwarded to the governing body for their review and final action.

(e)

Failure to proceed with construction; rezoning. In the event that, within 18 months following approval by the governing body of a PUD or M-P district, the applicant does not proceed with construction substantially in accordance with the plan so approved, the planning commission shall initiate action to rezone the property. A public hearing, as required by law, shall be advertised and held, at which time the applicant shall be given an opportunity to show why construction has been delayed. Following the hearing, the planning commission shall make findings of fact and shall submit their recommendation to the governing body for official action.

(Ord. No. 4272, § 1(22-34.02), 4-7-2003)

For the purpose of wholly or partially defraying the costs of the proceedings prescribed in this article, including publication costs, the applicant, upon the filing of the application, shall pay to the city clerk a fee in the amount provision in the city fee schedule. Promptly upon the filing of any such application, the city clerk shall refer the application to the planning commission for study and recommendation.

(Ord. No. 4272, § 1(22-34.03), 4-7-2003)

(a)

Before the planning commission shall, by proper action, formulate its recommendation to the governing body on any such proposed or requested change of zoning district boundary or regulation, whether initiated by the governing body or planning commission or by others, the planning commission shall hold a public hearing on such proposal.

(b)

The secretary of the planning commission shall cause a notice of public hearing to be published once in a newspaper of general circulation within the city and at least 20 days shall elapse between the date of such publication and the date set for the hearing.

(c)

Such notice shall fix the time and place for such hearing and shall contain a statement regarding the proposed changes in the regulations or restrictions or in the boundary of any district, and if such proposed amendment will affect specific property, the legal description and general street address shall be given; provided that in addition to such publication notice, at least 20 days before the hearing written notice of such proposed change shall be mailed to all the owners of land within the city's boundary located within 200 feet of the area proposed to be altered, except that where the change will include property located adjacent to or outside the city's limits, the written notice shall also be mailed to all owners of land outside the city's boundary located within 1,000 feet of the area proposed to be altered.

(d)

Failure to receive such notice shall not invalidate any subsequent action taken when the notice has been properly addressed and deposited in the mail.

(Ord. No. 4272, § 1(22-34.04), 4-7-2003)