The city council may, from time to time, by ordinance, amend, supplement, change, modify or repeal the boundaries of the various districts or the regulations herein established. Before taking any such action, the city council shall submit the same to the planning and zoning commission for its recommendations and report.

(Code 2014, § 46-1018; Ord. No. 629, § 01.34.001, 12-1-2006)

   (a)   The planning and zoning commission shall hold a public hearing on all proposed changes in zoning regulations or district boundaries, and written notice of all such public hearings shall be sent to all owners of real property lying within 500 feet of the property on which the change in zoning regulations or district boundaries is proposed.

      (1)   Such notice shall be given not less than ten days before the day set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll.

      (2)   Such notice may be served by depositing the same, properly addressed and postage paid, in a United States post office.

      (3)   Where property lying within 500 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publishing the same in a newspaper of general circulation in the city, at least 15 days prior to the date set for hearing, and which shall state the time and place of such hearing.

   (b)   After such hearing, the planning and zoning commission shall make its recommendation regarding the change in zoning regulations and district boundaries.

   (c)   Each such recommendation made by the planning and zoning commission shall be reported to the city council, in writing, and the applicant shall be notified of the action of the planning and zoning commission.

   (d)   The planning and zoning commission shall establish and maintain a separate file for each application received, and shall record the names and addresses of all persons, firms and corporations to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the United States post office. All records and files herein provided shall be permanent and official files of the city.

(Code 2014, § 46-1019; Ord. No. 629, § 01.34.002, 12-1-2006; Ord. No. 725, § 1, 8-12-2013)

   (a)   After receiving the recommendation of the planning and zoning commission, the city council shall hold a public hearing concerning the same at the earliest practicable time, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city.

   (b)   When the planning and zoning commission has recommended a change in zoning regulations or district boundaries, the city council shall be at liberty to either accept, reject or take other action, provided such action is consistent with the public notice and the provisions of this article.

   (c)   If the planning and zoning commission has recommended against a proposed amendment, supplement, change or modification, or if a protest against such change, signed by the owners of 20 percent or more of either the area of lots included in such proposed change or of those immediately adjacent in the rear extending 200 feet, or of those directly opposite, extending 500 feet of the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council.

   (d)   If the city council has refused to grant a proposed amendment, supplement, change or modification in the boundaries of any zoning district, such amendment, supplement, change or modification in the boundaries of such zoning district shall not be submitted again prior to the expiration of 12 months from the date of the order or decision of the city council against such zoning change.

(Code 2014, § 46-1020; Ord. No. 629, § 01.34.003, 12-1-2006; Ord. No. 725, § 1, 8-12-2013)

An applicant requesting an amendment, supplement, change or modification of this article, including the official zoning map or requesting a hearing before the zoning board of adjustment which requires the sending of notices or the publication of notices, shall pay a fee for the filing, processing and legal notification of adjacent property owners as prescribed in the fee schedule as on file in the city secretary's office.

(Code 2014, § 46-1021; Ord. No. 629, § 01.34.004, 12-1-2006)