Amendment Procedure
Amendments to this title may be initiated by one of the following procedures:
A.
Resolution of intention of the city council;
B.
Resolution of intention of the planning commission;
C.
Petition of an owner of property affected by the amendment. Such petition shall be filed with the building department on a form furnished by said department accompanied by a fee as adopted by resolution of the city council, no part of which may be refunded.
(Ord. 600 § 12 (part), 1985; Ord. 376 § 10-1-7(A), 1967.)
Within forty days after the filing with the commission of a resolution of intention of the council, or a petition of a property owner, the commission shall consider the proposed amendment, set a time and place for a public hearing thereon within thirty days thereafter, and cause notice of such hearing to be published one time in a regular issue of a newspaper of general circulation in the city at least ten days before the date of hearing. The notice shall state the purpose of the amendment, or the location of the property affected and the change of zoning classification sought, and the time and place of the hearing. In addition, notice shall be given by mail or delivery to all persons shown on the last equalized assessment roll as owning real property within three hundred feet of any property subject to the proposed zoning change. If the hearing is continued by the commission, and the time and place announced publicly at the time of adjournment of the hearing, no further notice is required.
(Ord. 600 § 12 (part), 1985; Ord. 376 § 10-1-7(B), 1967.)
The commission shall hold a public hearing on the proposed amendment at a regular or special meeting of the commission. The commission may impose conditions to any amendment for zoning reclassification where it finds that such conditions must be imposed under the necessities of each case, so as not to create problems inimical to the public health, safety and general welfare of the city. Such conditions must be reasonably conceived to fulfill the public needs emanating from the landowner's proposed use. Following the hearing, the commission shall cause a report on the proposed amendment to be filed with the council. Failure of the commission to report within forty days after the hearing, except by consent of the party initiating the amendment, shall be deemed to be a favorable recommendation of the proposed amendment.
(Ord. 404 § 2, 1970: Ord. 376 § 10-1-7(c), 1967.)
Upon receipt of the commission's report, or upon expiration of forty days, the council, within thirty days thereafter, shall hold a hearing on the proposed amendment in accordance with the same procedure specified for the commission. Following this hearing, the council may adopt or reject the amendment or any part thereof as set forth in the report of the commission. Any modification by the council to the proposed amendment not set forth in the original resolution or petition, or in the commission's report, shall require a new resolution of intention of the council and the procedure specified in this chapter shall be followed.
(Ord. 376 § 10-1-7(D), 1967.)
No petition shall be reconsidered and no new petition shall be considered for any ordinance amendment previously acted upon by the commission within a year after the date of such action, unless the commission establishes that there has been a substantial change in the circumstances under consideration in the original proceedings.
(Ord. 376 § 10-1-7(E), 1967.)
Amendment Procedure
Amendments to this title may be initiated by one of the following procedures:
A.
Resolution of intention of the city council;
B.
Resolution of intention of the planning commission;
C.
Petition of an owner of property affected by the amendment. Such petition shall be filed with the building department on a form furnished by said department accompanied by a fee as adopted by resolution of the city council, no part of which may be refunded.
(Ord. 600 § 12 (part), 1985; Ord. 376 § 10-1-7(A), 1967.)
Within forty days after the filing with the commission of a resolution of intention of the council, or a petition of a property owner, the commission shall consider the proposed amendment, set a time and place for a public hearing thereon within thirty days thereafter, and cause notice of such hearing to be published one time in a regular issue of a newspaper of general circulation in the city at least ten days before the date of hearing. The notice shall state the purpose of the amendment, or the location of the property affected and the change of zoning classification sought, and the time and place of the hearing. In addition, notice shall be given by mail or delivery to all persons shown on the last equalized assessment roll as owning real property within three hundred feet of any property subject to the proposed zoning change. If the hearing is continued by the commission, and the time and place announced publicly at the time of adjournment of the hearing, no further notice is required.
(Ord. 600 § 12 (part), 1985; Ord. 376 § 10-1-7(B), 1967.)
The commission shall hold a public hearing on the proposed amendment at a regular or special meeting of the commission. The commission may impose conditions to any amendment for zoning reclassification where it finds that such conditions must be imposed under the necessities of each case, so as not to create problems inimical to the public health, safety and general welfare of the city. Such conditions must be reasonably conceived to fulfill the public needs emanating from the landowner's proposed use. Following the hearing, the commission shall cause a report on the proposed amendment to be filed with the council. Failure of the commission to report within forty days after the hearing, except by consent of the party initiating the amendment, shall be deemed to be a favorable recommendation of the proposed amendment.
(Ord. 404 § 2, 1970: Ord. 376 § 10-1-7(c), 1967.)
Upon receipt of the commission's report, or upon expiration of forty days, the council, within thirty days thereafter, shall hold a hearing on the proposed amendment in accordance with the same procedure specified for the commission. Following this hearing, the council may adopt or reject the amendment or any part thereof as set forth in the report of the commission. Any modification by the council to the proposed amendment not set forth in the original resolution or petition, or in the commission's report, shall require a new resolution of intention of the council and the procedure specified in this chapter shall be followed.
(Ord. 376 § 10-1-7(D), 1967.)
No petition shall be reconsidered and no new petition shall be considered for any ordinance amendment previously acted upon by the commission within a year after the date of such action, unless the commission establishes that there has been a substantial change in the circumstances under consideration in the original proceedings.
(Ord. 376 § 10-1-7(E), 1967.)