(a)

The council may, from time to time, on its own motion, on the motion of the planning commission, or on petition by owner, amend, supplement, change, modify, or repeal the zoning regulations, restrictions, and boundaries in a manner and in accordance with the procedure hereinafter provided.

(b)

All proposals for amending, supplementing, changing, modifying, or repealing the zoning regulations, restrictions or boundaries, before being acted upon by the council, except those originating on motion of the planning commission, shall be referred to the planning commission for consideration and recommendation. The planning commission shall study all such proposals, whether originating with the planning commission or otherwise, conduct a public hearing thereon after having given notice thereof required for the agenda of the planning commission, and in the case of proposals to amend the zoning map, a reasonable effort shall be made to give ten days' notice by mail to all property owners of record, according to ownership data available at Newark, whose property is proposed to be changed by said amendment, and to those immediately adjacent thereto, extending 300 feet therefrom and to those directly opposite thereto, extending 300 feet back from the street frontage of such opposite lots. However, failure to notify by mail any individual or individuals qualifying for notice shall not invalidate any action taken. The planning commission shall report its findings and recommendations to the council.

(c)

In addition to the notification and advertising requirements herein, in the case of proposals to amend the zoning map and for major subdivisions, notice shall also be given by posting on the property by the applicant with a sign, at least 15 days prior to the Planning Commission public hearing, subject to the following requirements:

(1)

Location. The sign shall be placed in an unobstructed view on the property in a location fully visible from a public right-of-way; preferably near the front property line in the midpoint of the parcel's width.

(2)

Size and design. The sign shall be double-faced with each side consisting of a four-foot by four-foot laminated structure, with yellow background, and two-inch block letters, except for the heading, which shall be at least two and one-half-inch high lettering. All lettering shall be black in color and in bold face, in an Arial font.

(3)

Content. The sign shall contain only the following information:

a.

Heading—the requested action—"Rezoning," "Annexation," or "Major Subdivision" with the words "Public Notice."

b.

For annexations and rezonings:

i.

Existing and proposed zoning;

ii.

Proposed new use.

c.

For major subdivisions:

i.

Residential—Type and number of units;

ii.

Commercial and industrial—Building footprint square footage and building height.

d.

Acreage of property.

e.

Name and phone number of applicant.

f.

Date, time and location of Planning Commission public hearing. Council action to follow.

g.

The words: "Information Call Newark Planning and Development Department at (302) 366-7030."

(4)

Maintenance. The applicant shall be responsible for maintaining the complete sign in legible form until after the final City Council public hearing.

(5)

Sign removal. The applicant shall remove the sign within five days of the final Council public hearing on the matter.

(d)

The planning commission is hereby granted the authority to require, as a condition to consideration of any proposal, other than one originating with the council, that a petition be submitted accompanied by such maps, charts, sketches, and other information as the planning commission deems necessary for the proper and effective consideration of such proposal, and to refuse to consider any proposal not complying with such requirement.

(e)

No proposed amendment, change modification, or repeal of any zoning regulation, restriction, or boundary, shall become effective until after a public hearing in relation thereto shall have been held by the council, 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 of Newark.

(f)

In the event of a protest against such changes signed by the owners of 20% or more, either of the area of the lots included in such proposed change, or of those immediately adjacent thereto extending 100 feet therefrom, or of those directly opposite thereto, extending 100 feet back from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the council. All protests under this section must be filed with the city secretary by the close of the business day preceding the hearing date published under section 32-79(d).

(g)

If, after due consideration, a proposal is denied, such proposal shall not be eligible for reconsideration for a period of two years after final action by the council, except upon the favorable vote of three-fourths of planning commission or council.

(Ord. No. 70-31, Art. XXI, § 1, 7-21-70; Ord. No. 71-18, 5-24-71; Ord. No. 76-48, 11-8-76; Ord. No. 77-36, 9-25-77; Ord. No. 99-2, Amend. No. 1, 1-11-99; Ord. No. 09-32, Amend. No. 1, 12-14-09)

No change or amendment shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have had an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in the City of Newark. In all cases in which a proposed amendment would change the zoning map, a reasonable effort shall be made to notify by mail all property owners of record, according to ownership data available at Newark, whose property is proposed to be changed by said amendment, and to those immediately adjacent thereto, extending 300 feet therefrom and to those directly opposite thereto, extending 300 feet back from the street frontage of such opposite lots. However, failure to notify by mail any individual or individuals qualifying for notice shall not invalidate any action taken by council.

(Ord. No. 70-31, Art. XXI, § 2, 7-21-70; Ord. No. 71-41, 12-13-71; Ord. No. 76-53, 12-13-76; Ord. No. 99-2, Amend. No. 2, 1-11-99)

Notwithstanding any notice requirement to the contrary, the council, by resolution, may provide for alternative notice so long as all notice requirements contained in the state law are followed. Said alternative notice shall contain the date of the public hearing and may be included with the electric bill regularly mailed by the city.

(Ord. No. 78-3, 1-9-78)

(a)

Application—petition fee. A nonrefundable fee, indicated in subsection 32-3.1(a)(3)a, shall accompany each application or petition for rezoning, except for those petitions which have been initiated by the council or by the planning commission.

(b)

Same—review fee. As indicated in subsection 32-3.1(a)(3)b.

(c)

Waiving of fees. Planning commission may recommend to city council waiving any and all of the above fees if it is determined that an applicant would suffer any unnecessary financial hardship or inconvenience.

(Ord. No. 70-31, Art. XXI, § 3, 7-21-70; Ord. No. 74-20, Amend. Nos. 1, 2, 6-10-74; Ord. No. 17-05, Amend. No. 7, 2-13-17)