Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Board of Commissioners may, by ordinance, after receiving a recommendation thereon from the Planning Commission, amend, supplement, change, or repeal the regulations and restrictions of this chapter and the boundaries or classifications of property.

(Ord. passed 1-27-87)

   Zoning map changes, see Tables of Special Ordinances, Table VIII

   (A)   A proposal for amendment to the official zoning map may originate with the Planning Commission, the Board of Commissioners, or any other government body; the owner of the subject property; or a person having written authorization from the owner of the subject property. A property or text amendment of this chapter may originate with any person or governmental body.

   (B)   Regardless of the origin of the proposed amendment, an application must be filed with the Planning Commission requesting the proposed amendment in such form and accompanied by such information as required by this chapter and the Planning Commission. The Planning Commission may require the submission of further information subsequent to the filing of an application as provided by this chapter and the Planning Commission.

   (C)   At the time of filing an application, the applicant shall pay a twenty-five dollar ($25.00) non-returnable filing fee to the Codes and Zoning Enforcement Officer and shall further make a seventy-five dollar ($75.00) deposit to defray advertising, mailing, and other costs incurred by the city as a result of the application. The Finance Director/City Clerk/Tax Administrator shall pay advertising and mailing costs from the deposit, and at the end of the proceedings, refund the balance, if any, to the applicant, or send a statement to the applicant for any additional amounts owed. However, there shall be no filing fee for an amendment requested by the Board of Commissioners, the Planning Commission, or any other governmental agency.

   (D)   All applications for a map amendment shall be accompanied by a plat of the subject property; a legal description shall also be required, as well as a vicinity map for publication of the zone change hearing. Such map shall show area to be considered and shall be to the scale of one (1) inch to six hundred (600) feet. However, applications originating from the Planning Commission, the Board of Commissioners or other governmental body may be affected by reference to a map without the necessity of filing a plat or legal description. Requests for rezoning portions of lots shall not be considered.

   (E)   Upon the filing of an application for an amendment to the official zoning map or the text of this chapter, the Planning Commission shall study and review the application as provided in this chapter and the bylaws of the Planning Commission. All information concerning the requested changes must be filed no later than twenty-one (21) days before the expected hearing date.

   (F)   Upon the filing of an application for a map amendment, the Planning Commission shall promptly notify the owner of the subject property, as well as adjacent property owners, of public hearing by registered mail or certified mail, receipt requested. It shall be the duty of the person proposing the amendment to furnish the Planning Commission with correct names and addresses of all owners of adjacent property and addressed envelopes to each.

   (G)   Before voting upon any proposed amendment, notice of the time, place, and reason for holding the public hearing shall be given by publication in a newspaper of general circulation in the city, not earlier than twenty-one (21) days nor later than seven (7) days before such public hearing. Notice of the hearing on a map amendment shall be posted conspicuously on the property the classification of which is proposed to be changed, for fourteen (14) consecutive days before the hearing, and the application shall be responsible for compliance with this provision.

(Ord. passed 1-27-87)

   (A)   Before any map amendment is granted, the Planning Commission or the Board of Commissioners must find that the map amendment is in agreement with the community’s comprehensive plan, or, in the absence of such findings, that one or more of the following apply; and such finding shall be recorded in the minutes and records of the Planning Commission and the Board of Commissioners.

      (1)   The original zoning classification given to the property was inappropriate or improper.

      (2)   There have been major changes of an economic, social or physical nature with the area involved which were not anticipated in the community’s comprehensive plan and which have substantially altered the basic character of such areas.

   (B)   The Planning Commission shall make recommendations concerning these findings to the Board of Commissioners involved, and it shall take a majority of the entire Board of Commissioners to override the recommendation of the Planning Commission.

(Ord. passed 1-27-87)

   Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint stating fully the causes and basis thereof, with the Administrative Official. The Administrative Official shall properly record such complaint, immediately investigate, and take action thereof as provided by this chapter.

(Ord. passed 1-27-87)

   (A)   Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses, shall constitute a misdemeanor.

   (B)   Any person who so violates this chapter or fails to comply with any of its requirements except as provided in § 156.018 (B) shall, upon conviction thereof, be fined not less than one hundred dollars ($100.00) but no more than five thousand dollars ($5,000.00) for each offense. Each day of violation shall constitute a separate offense.

   (C)   Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. passed 1-27-87)