1.

The City Council may by ordinance on its own motion or on application amend, supplement[,] change, modify or repeal the boundaries or zoning designation of districts herein established, under the procedures herein provided.

2.

Applications for variances or district changes shall be filed in writing with the City Secretary, who shall place the application before the City Council after determining that it is in proper form as provided herein. All applications, except those proposed by the City Council or the City Planning Commission, shall be accompanied by a publication fee of $25.00 to be returned to the applicant only if such publication is not made. A copy of the application shall remain on file with the City Secretary for public inspection until final action thereon.

3.

The City Council or the City Planning Commission may provide forms for the applications and may require applicants to provide plats and other documents or other information it may determine to be of value in acting upon the application. The Council and Planning Commission may request the opinions and recommendations of other City boards and officers upon applications.

4.

Upon receipt of an application in proper form, the City Council shall refer it to the Planning and Zoning Commission. The Council may by resolution delegate the duty of such receipt and referral to the City Manager or similar official. The Planning and Zoning Commission shall return the application to the City Council with its recommendations relating thereto, showing the votes cast for and against the item, and if necessary, include a summary of the reasons expressed for their decision. The City Council may set a date by which the recommendation shall be returned to them, no more than 30 days from the date of such referral, and the Council may proceed without receipt of such recommendations in the absence of receipt by such date.

5.

The Council may reject an application without referring it to the Planning and Zoning Commission and without publishing a notice of hearing if the application is made within two years of the Council's rejection of a previous application seeking an amendment for the same or a part of the same tract.

6.

If the Planning and Zoning Commission recommends approval or disapproval of an application in whole or in part, the City Council shall set a public hearing as provided in this section, unless the applicant withdraws his request after Planning and Zoning Commission has made a decision.

7.

The City Council may by ordinance on its own motion or on application amend, supplement, change, modify or repeal the regulations, or restrictions of districts herein established, following referral thereof to the Planning and Zoning Commission as provided in Section XIX - 4 (19 - 4).

8.

No amendment, supplement, or change of the regulations or restrictions or boundaries of districts shall become effective until after Council has held a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 14 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Snyder. The Council may provide for the posting of notices of the hearing on the tract and for other means of notifying the public or interested persons of the proceedings.

9.

In case of an adverse report by the City Planning Commission or if protest against such proposed amendment, supplement, change, modification, or repeal shall be presented in writing to the City Secretary, duly signed and acknowledged by the owners of ten percent or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposed amendment, supplement, change, modification or repeal, or within an area determined by lines drawn parallel to and 185 feet distance from the boundaries of the district purposed [proposed] to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of not less than five members of the Council, excluding the Mayor.

10.

In its action upon application for change in district boundaries, the City Council may grant a special use permit under Section XVI (16) [Section XV] rather than the requested change in district boundaries, or may grant a change to a district which is intermediate in restrictiveness between the existing district and the requested district.

(Ordinance 982 adopted 9/8/08)