The regulations imposed and the districts created by this chapter may be amended from time to time by the Council, but no such amendments shall be made without public hearing before the Council and after a report upon the amendment from the Planning and Zoning Commission. If the Planning and Zoning Commission makes no report within 30 days from the date of passage of the Council’s motion referring the matter to the Planning and Zoning Commission, the City Council may proceed with a public hearing without such report or recommendation. At least 7 but no more than 20 days’ notice of the time and place of such hearing shall be published in a newspaper having general circulation in the City. In the event the Planning and Zoning Commission recommends disapproval of the change or, in the event of a protest against such change filed with the Council and signed by the owners of 20 percent or more either of the area of the lots included in the proposed change or of those immediately adjacent in the rear thereof extending the depth of one lot or not to exceed 300 feet therefrom, or of those directly opposite thereto, extending the depth on one lot or not to exceed 300 feet from the street frontage of such opposite lots, such amendment shall not be passed except by the favorable vote of at least three-fourths of all the members of the Council.
1. Form of Application. An application for rezoning shall contain the following items:
A. The legal description and local address of the property.
B. The present zoning classification and the zoning classification requested for the property.
C. The existing use and proposed use of the property.
D. The names and addresses of the owners of all property within 300 feet of the property for which the change is requested.
E. A statement of the reasons why the applicant feels the present zoning classification is no longer valid.
F. A plat or site plan showing the locations, dimensions, and use of the applicant’s property and all property within 300 feet thereof, including streets, alleys, railroads, and other physical features. A site plan containing the following information:
(1) North arrow and scale.
(2) Location of existing rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.).
(3) Size and location of existing and proposed structures and drives on the subject property, and existing structures and drives on surrounding properties.
(4) Location of floodplain.
(5) Location of proposed drives and parking areas.
(6) Platted setback lines.
(7) Elevations of proposed buildings.
(10) Name and address of landowner.
(11) Name and address of architect, landscape architect, engineer, surveyor, or other person involved in the preparation of the plan.
(12) Date of preparation of the plan.
2. Application Fee. Before any action is taken upon an application as provided in this section, the applicant shall pay to the Administrative Officer a fee in such amount as may be established by resolution of the Council. The Administrative Officer shall forthwith pay over such fees to the credit of the General Fund of the City. The failure to approve an application for rezoning shall not be construed as any reason for refunding the fee to the applicant.