Whenever the public necessity, convenience, general welfare, or good zoning practices require, this chapter may be amended by changing the zone boundaries or by changing any other provisions hereof.

('61 Code, § 10-3.1501) (Ord. 231 N.S., passed - - )

   An amendment may be initiated by:

   (A)   Resolution of intention of the Council;

   (B)   Resolution of intention of the Commission; or

   (C)   The verified application of one or more of the owners of the property within the area proposed to be changed.

('61 Code, § 10-3.1502) (Ord. 231 N.S., passed - - )

   Applications for any change of zone boundaries or reclassification of zones or change of any other provision of this chapter shall be filed with the Planning Director. Such applications shall be upon forms and accompanied by such data and information as may be prescribed for that purpose by the Commission so as to assure the fullest practicable presentation of facts for the permanent record.

('61 Code, § 10-3.1503) (Ord. 231 N.S., passed - - ; Am. Ord. 652 C.S., passed 3-6-96)

   Each application for any change of zone boundaries shall be accompanied by a fee as established by resolution of the City Council, no part of which shall be returnable to the applicant.

('61 Code, § 10-3.1504) (Ord. 231 N.S., passed - -; Am. Ord. 94 C.S., passed 7-5-66; Am. Ord. 483 C.S., passed 10-21-87)

   The Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purposes of this chapter. Any failure to conduct an investigation will not invalidate any proceedings for amendment of this chapter.

('61 Code, § 10-3.1505) (Ord. 231 N.S., passed - - )

   (A)   Any amendment to this title, other than an amendment which changes any property from one zone to another, or which imposes any regulation relating to the use of buildings, structures, and land, or the location, height, sizes of buildings, or sizes of yards, courts, and open spaces, or which establishes building setback lines along any street, road, or alley, shall be considered by the Planning Commission at a public hearing for the purpose of providing a recommendation to the City Council. Not less than ten days before such public hearing, notice shall be given of such hearing in the following manner: by one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the action or hearing.

   (B)   In the event a proposed amendment changes any property form one zone to another, or imposes any regulation relating to the use of buildings, structures, and land, or the location, height, sizes of buildings, or sizes of yards, courts, and open spaces, or which establishes building setback lines along any street, road, or alley, the following additional notice shall be provided for a public hearing:

      (1)   Direct mailing to the owners and occupants of property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll.

      (2)   In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

      (3)   The public review period for the environmental determination (negative declaration) shall not be less than 21 calendar days (30 days if State Clearinghouse review is required).

      (4)   Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.

('61 Code, § 10-3.1506) (Ord. 231 N.S., passed - - ; Am. Ord. 332 N.S., passed - - ; Am. 618 C.S., passed 3-16-94)

   Public hearings, as required by the provisions of this subchapter, shall be held before the Commission which may establish its own rules for the conduct thereof. Any such hearing may be continued by oral pronouncement prior to its close and such pronouncement shall serve as sufficient notice of such continuance and without recourse to the form and manner of public notice as provided for in this subchapter.

('61 Code, § 10-3.1507) (Ord. 231 N.S., passed - - )

   After the conclusion of the public hearings, the Commission shall render a report and recommendation to the Council within 90 days after the notice of the first of such hearings provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Commission so to report within 90 days without the aforesaid agreement shall be deemed to constitute an approval of the proposed amendment by the Commission.

('61 Code, § 10-3.1508) (Ord. 231 N.S., passed - - )

   (A)   Upon receipt of such report from the Commission or upon the expiration of 90 days, the Council shall set the matter for public hearing, notice of which shall be given by one publication not less than ten days before the date of the hearing in a newspaper of general circulation within the city; provided, however, if the matter under consideration concerns the change of property from one zone to another, and the Commission has recommended against the adoption of such amendment, the Council need not take any further action thereon unless the Council so desires or unless an interested party shall request a hearing thereon by filing a written request with the City Clerk within five days after the Commission files its recommendations with the Council.

   (B)   After the conclusion of such hearing, the Council may adopt the amendment, or any part thereof, set forth in the petition in such form as the Council may deem to be advisable.

('61 Code, § 10-3.1509) (Ord. 231 N.S., passed - - ; Am. Ord. 77 C.S., passed 6-2-65; Am. Ord. 103 C.S., passed 3-1-67)

   From and after the date of adoption of the Resolution of Intention by the Council or the Commission, or on the date of filing of the verified application with the Commission for a proposed change of zone or zone boundaries, all uses within the area proposed to be changed shall be permitted only upon first securing in each case a use permit from the Commission. All uses permitted pursuant to such use permits shall be limited to the uses allowable within the existing zone of such area. In the event the proposal to change the zone is for a more restricted zone, the Commission may restrict the uses within such area to the more restricted proposed zone.

('61 Code, § 10-3.1510) (Ord. 231 N.S., passed - - ; Am. Ord. 282 N.S., passed - - )

   Notwithstanding any other provisions of this chapter, if an application for a change of zone boundaries or reclassification of zones is filed with the Commission, accompanied by a proposal for the use of such property as hereinafter set forth, the Commission may recommend that the Council, instead of granting or denying such application, authorize the issuance of a special zoning exception which will permit the development or use of such property in accordance with such proposed development Before consideration by the Commission or Council of the granting of a special zoning exception, an applicant shall submit all of the following information:

   (A)   Three prints of a site plan drawn to scale which shall contain the following information:

      (1)   Lot dimensions;

      (2)   Location, elevations, size, height, and the proposed use of all buildings and structures;

      (3)   Location and dimensions of yards and spaces between buildings;

      (4)   Location, height, and type of construction of walls and fences;

      (5)   Location of off-street parking facilities, including the number of spaces, the dimensions of the parking area, and the internal circulation pattern;

      (6)   Access points for pedestrians, vehicular and service traffic, and internal circulation;

      (7)   Location, size, and height of any proposed signs;

      (8)   Loading areas, including the dimensions, the number of spaces, and the internal circulation;

      (9)   Location and general nature and hooding devices for lighting;

      (10)   Dedications for public use and proposed improvements; and

      (11)   Landscaping and such other data as may be required by the Planning Engineer or the Commission; and

   (B)   Facts which will enable the Commission to find all of the following:

      (1)   That if a special zoning exception is granted, there will be compliance with all the applicable provisions of this code; and

      (2)   That the public health, safety, and welfare will not be affected or that damage or prejudice to other property or improvements in the vicinity will not result if a special zoning exception is allowed.

('61 Code, § 10-3.1511) (Ord. 77 C.S., passed 6-2-65)

   If an application is submitted to the Planning Engineer in accordance with the provisions of § 10-3.1511 of this subchapter, all other provisions of this subchapter shall apply to the processing of the application for the proposed change in zone boundaries; provided, however, if a special zoning exception is authorized by the Council, after the conclusion of the public hearing upon the application for the change in zone boundaries, no action shall be taken by the Council to effectuate any such change until it has been determined that all of the conditions of the granting of the special exception have been met. Each special zoning exception shall specify a certain date on, or before, which work upon the proposed use of the land shall have been commenced to the satisfaction of the Planning Engineer. The failure of an applicant or his or her successor in interest to the property involved to commence such work within such time shall nullify the special zoning exception, and the application for the change of zone shall be deemed denied.

('61 Code, § 10-3.1512) (Ord. 77 C.S., passed 6-2-65)

   Special zoning exceptions may be granted in accordance with this subchapter subject to any or all of the conditions hereinafter set forth by way of example only and not by way of limitation:

   (A)   Construction of special yards, spaces, and buffers;

   (B)   Construction of fences and walls;

   (C)   Surfacing of parking areas to city specifications;

   (D)   Dedication of property for public use and completion of improvements, including service roads or alleys;

   (E)   Regulation of points of vehicular ingress and egress;

   (F)   Regulation of signs;

   (G)   Completion of landscaping and provisions for the maintenance thereof;

   (H)   The establishment of restrictions to control noise, vibration, odors, and other similar characteristics;

   (I)   The posting of faithful performance and labor and materials' bonds in amounts recommended by the City Engineer to insure completion of any public improvements which are required to be made as a condition of the granting of the zoning exception. Such work shall be completed within the time specified by the Council; provided, however, if no time is specified by the Council, such work shall be completed in one year from the date the special zoning exception is approved; and

   (J)   Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the intent and purposes set forth in this chapter.

('61 Code, § 10-3.1513) (Ord. 77 C.S., passed 6-2-65)

   Before any building permit shall be issued for any building or structure proposed as part of the approved site plan referred to in § 10-3.1511 of this subchapter, the Building Inspector shall secure written approval from the Planning Engineer that the proposed building location is in conformity with the site plan and conditions approved by the Council. Before a building may be occupied, the Building Inspector shall certify to the Planning Engineer that the site has been developed in conformity with the site plan and conditions approved by the Council.

('61 Code, § 10-3.1514) (Ord. 77 C.S., passed 6-2-65)

   Upon the development and use of property in accordance with the provisions of § 10-3.1513 of this subchapter, the district, or part thereof, for which the special zoning exception was granted shall be thereupon rezoned, altered, amended, and established in accordance with the original application, or as set forth in the order of the Council made at the time such zoning exception was granted.

('61 Code, § 10-3.1515) (Ord. 77 C.S., passed 6-2-65)