The city council shall have the authority to amend, supplement, change, modify or repeal, by ordinance, the text or map of this chapter in accordance with the provisions of this article.

A.

The city council may decide that an application for change of zoning district classification or text amendment be approved or denied for all or part of the property described in the application. The city council may enact by ordinance such a partial granting of any application.

B.

All text and zoning map amendments, as described herein, shall require a simple vote by the city council, except as otherwise noted herein.

(Ord. No. 2008-3179, § 1, 12-18-08)

A.

A zoning code text amendment may only be initiated by:

1.

The city planner;

2.

The city administrator;

3.

The planning commission on its own initiative by a motion of the commission;

4.

The city council on its own initiative;

5.

The mayor on his/her own initiative;

6.

Any two (2) members of the city council on their own initiative; or

7.

Any company, organization, governmental body or individual with a financial, contractual, or proprietary interest in property which would be affected by the proposed amendment under the procedure outlined in subsection 25-2.3.B, applications by a company, organization, governmental body, or individual.

B.

An amendment to the zoning map may only be initiated by:

1.

The city planner or city administrator;

2.

The planning commission on its own initiative by a motion of the commission;

3.

The city council on its own initiative;

4.

The mayor on his/her initiative;

5.

Any two (2) members of the city council on their own initiative;

6.

The owner or owners of the subject property or their authorized representative; or

7.

In the case of a site under multiple ownership, all owners must consent to the application on forms provided by the city planner or in written form approved by the city attorney.

(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2009-3290, § 2, 9-3-09; Ord. No. 2011-3531, § 1, 7-21-11)

A.

A zoning code text amendment shall be submitted by an eligible applicant under section 25-2.2, eligible applicants, to, or prepared by, the city planner in accordance with all city requirements regarding the form and substance of general amendments to this Code.

B.

Applications by a company, organization, governmental body, or individual. Any company, organization, governmental body or individual with a financial, contractual, or proprietary interest in property which would be affected by the proposed amendment may propose a zoning code text amendment under the following procedures:

1.

Preapplication conference. In order to consider a zoning code text amendment by a company, organization, governmental body, or individual, the city planner shall schedule and hold a pre-application conference.

2.

Preapplication conference content. At the conference, the applicant, the city planner or designee, and any other persons the city planner deems appropriate to attend shall discuss the proposed text amendment. It is the applicant's responsibility to provide sufficient justification for the proposed text amendment.

3.

Finding. The city planner shall make a finding during the pre-application conference as to the merit of the proposed text amendment. Said finding shall be transmitted in writing to the eligible applicants of section 25-2.2, eligible applicants.

a.

Positive finding. If the city planner finds that the proposed text amendment meets the burden of proof criteria outlined in section 25-2.7, burden of proof, the procedure shall proceed as per section 25-2.5, determination of completeness for hearing, once the applicant submits the following items:

i.

Application form. Completion of an authorized application form supplied by the city planner, including any supplemental information required by that form;

ii.

Narrative statement. A written statement explaining the proposed amendment and indicating why it meets the burden of proof criteria;

iii.

Fees. In all cases where an application is initiated by a private party, the application shall be accompanied by the filing and review fees as established by the city council.

b.

Negative finding. If the city planner finds that the proposed text amendment fails to meet the burden of proof criteria outlined in section 25-2.7, burden of proof, the applicant may submit a letter to any of the other eligible applicants of section 25-2.2, eligible applicants, requesting that they advance the proposed text amendment on the applicant's behalf. Should one (1) or more of the eligible applicants agree to advance the proposed text amendment, the applicant shall be responsible for submitting the items required in subsection 25-2.3.B.3.a. prior to the scheduling of a public hearing to consider the proposed amendment.

(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2009-3290, § 3, 9-3-09)

Procedures for application of a zoning map amendment shall be as follows:

A.

Preapplication conference. Prior to submittal of an application for a zoning map amendment, the city planner shall schedule and hold a pre-application conference.

1.

Purpose. The purpose of a pre-application conference is to provide an opportunity for an informal evaluation of the applicant's proposal and to familiarize the applicant with the applicable provisions of this chapter, the comprehensive plan, infrastructure requirements, and any other issues that may affect the applicant's proposal.

2.

Preapplication conference content. At the conference, the applicant, the city planner or designee, and any other persons the city planner deems appropriate to attend shall discuss the proposed development. The applicant shall provide a description of the character, location, and magnitude of the proposed development and any other supporting documents, such as maps, drawings, models, and the type of application. It is the applicant's responsibility to provide sufficiently detailed plans and descriptions of the proposal. Based upon the information provided by the applicant and the provisions of this Code, the parties should discuss in general the proposed development and the applicable requirements and standards of this chapter and comprehensive plan.

3.

Informal evaluation not binding. The informal evaluation of the city planner and staff provided at the conference are not binding upon the applicant or the city, but are intended to serve as a guide to the applicant in making the application and advising the applicant in advance of the formal application of issues which may be presented to the appropriate decision-making body.

4.

Application required within six (6) months. After a preapplication conference has been held, an application must be completed within six (6) months or sooner if required by the city planner due to changing conditions. If an application is not filed within such timeframe, a new preapplication conference shall be required prior to filing an application, unless waived by the city planner.

B.

Submittal requirements. An application for a zoning map amendment shall be submitted to, or prepared by, the city planner and shall include the following:

1.

Application form. Completion of an authorized application form supplied by the city planner, including any supplemental information required by that form;

2.

Narrative statement. A written statement on how and why the proposed zoning map amendment conforms with the comprehensive plan, and any other specific plan or program officially approved under the guidance of the comprehensive plan;

3.

Legal description. A legal description of the property sealed by a land surveyor;

4.

Boundary map. A scaled map of the property showing:

a.

Boundaries correlated with the legal description; and

b.

A location map clearly showing the property's relative location.

5.

Zoning map. A map depicting the proposed zone district in relation to all adjacent property within a minimum of three hundred (300) feet of the property to be rezoned;

6.

Existing land use analysis. A narrative analysis of the existing land uses adjoining the property to be rezoned, accompanied by a map of the existing land uses;

7.

Any other information as may be required by the city planner;

8.

Fees. In all cases where an application is initiated by a private party, the application shall be accompanied by the filing and review fees as established by the city council.

(Ord. No. 2008-3179, § 1, 12-18-08)

A.

Within seven (7) days of receipt of an application and supporting documents for a zoning code text amendment or zoning map amendment, the city planner shall determine whether it is complete for purposes of public hearing. The application is complete for hearing if it includes all of the materials required in either section 25-2.3, application for zoning code text amendment, or section 25-2.4, application for zoning map amendment, as applicable.

B.

If the application is incomplete, it shall be returned to the applicant. The applicant shall have a period of thirty (30) days to either resubmit or notify the city planner of a pending resubmittal. If the resubmittal or notification of a pending resubmittal are not received within this period, the application shall be deemed withdrawn.

(Ord. No. 2008-3179, § 1, 12-18-08)

Upon determination by the city planner that the application is complete for hearing, a public hearing shall be scheduled in accordance with article 3 of this chapter.

(Ord. No. 2008-3179, § 1, 12-18-08)

In assessing the relevance or acceptability of a zoning code text or map amendment application, the burden of proof in justifying the request shall rest with the applicant to clearly establish that the proposed amendment meets the following criteria:

A.

Zoning code text amendments shall meet the following criteria:

1.

The proposed amendment is either consistent with, or advances the implementation of the comprehensive plan;

2.

The proposed amendment is consistent with the purposes of this chapter;

3.

The proposed text amendment will maintain the internal consistency of the zoning code and will not compromise the intent of the section being amended; and

4.

The proposed text amendment will not compromise or circumvent the intent or design goals of any other section of this chapter.

B.

Zoning map amendments shall meet the following criteria:

1.

The proposed map amendment is in accordance with the general development characteristics and policies of the comprehensive plan, and any other plan or program of the city adopted under the general guidance of the comprehensive plan;

2.

The proposed map amendment is in accordance with the general development patterns and character of the neighborhood or planning district in which the land is located;

3.

The proposed map amendment is in the interest of the public health, safety, and welfare;

4.

The proposed map amendment is consistent with the purpose of the proposed new zoning district and is consistent with the purpose of all adjacent existing zoning districts; and

5.

The plans submitted in association with the map amendment meet all standards established within this chapter for the proposed zoning district.

(Ord. No. 2008-3179, § 1, 12-18-08; Ord. No. 2010-3383, § 1, 5-6-10)

A.

Subsequent to and within thirty (30) days of the closure of the public hearing, the city planner shall submit a report to the planning commission for consideration.

B.

Within sixty (60) days of receipt of the city planner's report, the planning commission shall take action on the request.

C.

These timeframes may be extended or waived upon mutual consent of the city planner, planning commission, and applicant.

(Ord. No. 2008-3179, § 1, 12-18-08)

A.

Recommendations of approval or denial.

1.

If the planning commission recommends approval, the city planner shall prepare the appropriate legislation for consideration by the city council.

2.

If the planning commission recommends denial, the city planner shall so notify the applicant and the city clerk. If no appeal is filed with the city clerk, the application shall be deemed denied.

B.

Appeal of recommendation of denial.

1.

Upon the recommendation of denial by the planning commission of an application, the applicant may file an appeal with the city clerk.

2.

A notice of appeal shall be filed within ten (10) days after the planning commission's recommendation is received by the city council.

3.

An appeal shall be in writing and shall be filed in duplicate.

4.

The applicant shall have an additional thirty (30) days to file the actual appeal.

5.

The applicant shall state how the application, as initially filed or subsequently modified, meets the criteria set forth in these regulations.

C.

City council decision.

1.

In any case, subsequent to the proper notification as described above, the council may affirm, reverse, or modify, in whole or in part, any determination of the planning commission. An affirmative vote of two-thirds (⅔) of the city council shall be required to reverse a recommendation to deny an amendment or modify any recommendation of the planning commission.

2.

The city council may decide that an application for a zoning map amendment be approved or denied for all or part of the property described in the application.

3.

All text and zoning map amendments, as described herein, shall require a simple vote by the city council except as otherwise noted.

(Ord. No. 2008-3179, § 1, 12-18-08)

A.

A protest against a proposed text or zoning map amendment may be presented, duly signed and acknowledged by the owners of thirty (30) percent or more of the land area (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eight-five (185) feet distant from the boundaries of the property upon which the action is requested. A notice of protest must be filed within ten (10) days following the planning commission's decision, be in writing, filed in duplicate with the city clerk, and accompanied by the signatures (duly acknowledged) and addresses of the property-owners involved. The notice of protest shall further include a notarized verification from the person(s) collecting the protestant's signatures that all signatures are correct and real. The protest shall specifically state how the application, as initially filed, or subsequently modified, fails to meet the criteria set forth in this Code.

B.

City council decision upon protest. In any case, subsequent to proper notification, the council may affirm or modify, in whole or in part, any protested proposed text or map amendment. An affirmative vote of two-thirds (⅔) of the city council shall be required to approve a protested amendment.

(Ord. No. 2008-3179, § 1, 12-18-08)

Any amendment request, regardless of its source of initiation, may be withdrawn upon receipt by the city planner of written notice by the applicant at any point in the approval process, prior to final action by the city council.

(Ord. No. 2008-3179, § 1, 12-18-08)

In the event that an application to amend this chapter or zoning map is denied by the city council, a reapplication for the purposes of further review of the same application shall not be accepted by the planning commission until six (6) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the city planner that substantial new evidence not available during review of the original application will be presented.

(Ord. No. 2008-3179, § 1, 12-18-08)