The council may, from time to time, on its own motion, on petition of any person in interest, or on initial recommendation of the commission, amend, supplement or repeal the regulations and provisions of this title, including the chart and map, provided that where territory is sought to be rezoned by application from a person other than the council or commission, the person petitioning for rezoning of territory must have a property interest in the subject property.

(Ord. 163 § 10.1, 1989)

Any such proposed amendment or change, when initiated by the council or by individual petition, shall be referred to the commission for an advisory report thereon. When a proposed amendment or change is initiated by the commission, said advisory report shall accompany the initial recommendation of the commission.

(Ord. 163 § 10.2, 1989)

Application forms shall be provided by the building inspector upon which the initiator of an amendment or rezone shall apply for the same. After the initiator has filled out the form and paid the filing fee specified in Section 17.88.080 of this title, no fee shall be required if the council or the commission is the initiator, the city clerk-treasurer's office shall prepare its recommendation on the matter and submit it with the application to the commission for its review followed by a public hearing and recommendation to the council. The public hearing must be held within forty days after filing of the application unless the applicant approves in writing an extension of this time.

A.

A notice reciting rezoning applied for, and directing further inquiry to the city clerk-treasurer's office shall be posted by the initiator, using a notice provided or approved by the city clerk-treasurer's office, at least ten days prior to the hearing on the property proposed for rezoning along the part thereof fronting on a street, at intervals of approximately five hundred feet; at least two notices shall be posted.

B.

Additional notice of the public hearing shall be given as provided in Section 17.88.070 of this title.

(Ord. 163 § 10.3, 1989)

At the next ensuing regular meeting of the council following receipt of the commission advisory report on a proposed amendment or rezone, the council shall set the date for at least one public hearing. Notice of time, place and purpose of such public hearing shall be given as set forth in Section 17.88.070 of this title. Continued hearings may be held at the discretion of the city council without publication of further notice.

(Ord. 163 § 10.4, 1989)

For the purpose of establishing and maintaining sound, stable, and desirable development within the city, the rezoning of land is to be discouraged and allowed only under certain circumstances as provided hereafter. This policy is based on the opinion of the city council that the comprehensive plan and zoning ordinance are the result of a detailed and comprehensive appraisal of the city's present and future needs regarding land use allocations and, as such, should not be amended unless to correct a manifest error or because of changed or changing conditions in a particular area or of the city in general. Rezoning shall only be allowed if the applicant demonstrates by clear and convincing evidence that:

A.

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the comprehensive plan; or

B.

Conditions in the area for which rezoning is requested have changed or are changing to such a degree that it is in the public interest to encourage a redevelopment of the area; or

C.

The proposed rezoning is necessary in order to provide land for a community related use which was not anticipated at the time of the adoption of the comprehensive plan, and that such rezoning will be consistent with the policies of the comprehensive plan.

This declaration of policy for rezonings shall not control a rezoning which occurs incidental to a comprehensive revision of the city's zoning map.

(Ord. 163 § 10.5, 1989)

A.

Zoning of land in the process of annexation may be done under the procedure and notice requirements of this chapter. The ordinance establishing zoning for annexed territory shall not be passed on the final reading prior to the date when the annexation ordinance is passed on final reading, but the ordinance which annexes property may also establish zoning for it. If the zoning process is commenced prior to the effective date of the annexation ordinance, the written notice area for rezoning shall be determined solely on geographic location, irrespective of whether the land in such written notice area is within or without or partly within or partly without the city limits of the city.

B.

Any area annexed shall be brought under the provisions of this title and the map thereunder within ninety days from the effective date of the annexation ordinance irrespective of any legal review which may be instituted challenging the annexation. During such ninety day period, or such portion thereof as required to zone the territory, the city may refuse to issue any building permit in any portion of the newly annexed area.

(Ord. 163 § 10.6, 1989)

A planned unit development is considered a special zone, and as such an application therefore is subject to the rezoning procedures outlined in this chapter, and to the regulations set forth in the chart, with the following additional requirements:

A.

Prior to filing an application for a planned unit development, a potential applicant shall discuss with the city clerk-treasurer's office his or her general planning concept and approach to the proposed project. The city clerk-treasurer's office shall advise the potential applicant of the approval process involved and provide the applicant with written instructions describing the approval procedure.

B.

Following such an informal meeting, the potential applicant shall meet with the commission in a pre-application conference which shall be held at a regular meeting of the commission. The applicant shall have for this meeting a map on which the proposal is presented, and information on the availability of utility service, the topography of the site, and such other information as requested by the inspector. At the time of this conference, the commission may extend to the potential applicant its preliminary observations and suggestions on the proposal.

C.

Following the pre-application conference, an application for rezoning for a planned unit development may be filed. Such application will be processed in accordance with provisions of this section with final action to be taken by council.

D.

Prior to final recommendation by the commission on an application for a planned unit development, the applicant shall file with the commission covenants, deed restrictions, home association by-laws, and other documents required to guarantee maintenance and construction of common recreation space, private roads and drives, and all other commonly owned property. The documents shall be approved by the city attorney, with revisions as appropriate, prior to formal action by the commission. Copies shall then be transmitted to council for its information during consideration of the rezoning ordinance, and finally shall be filed with the county auditor if the application is approved.

(Ord. 163 § 10.7, 1989)