(a)

Purpose. Text to this chapter or zoning map boundaries/districts may be amended in accord with the procedure prescribed in this section.

(b)

Initiation.

(1)

A change in the boundaries of any district may be initiated by the owner or the authorized agent of the owner of the property or the city council by filing an application for a change in district boundaries. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

(2)

A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, signs, general provisions, exception or other text amendments of this chapter may be initiated by action of persons, the PZC or the city council.

(3)

A proposal for a change in district boundaries initiated by the city council and one initiated by a property owner for all owners for all or part of the same area may be considered simultaneously.

(b)

Application. A property owner desiring to propose a change in the boundaries of the district in which their property is located or their authorized agency may file with the zoning administrator an application for a change in district boundaries on a form prescribed by the PZC which shall include a fee and at minimum, the following data:

(1)

Name and address of the applicant.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed.

(3)

Address or description of the property.

(4)

Name and address of all adjacent property owners.

(5)

An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the location of streets and property lines.

(6)

Any other items deemed necessary.

(7)

Property for an application for a map amendment, special use, and/or variances will be subject to posting of an on-premise sign notifying the public of the pending application and zoning hearing.

(c)

Public hearing.

(1)

The PZC shall hold a public hearing on each application for a change in district boundaries or for a change of a district regulation, within 45 days of the date when the application was filed or the proposal was initiated. Notice of the public hearing shall be given not less than 15 days, nor more than 30 days, prior to the date of the hearing by publication in a newspaper of general circulation in the city, and by notifying the record title owners of adjacent property by U.S. mail, at the address from the latest adopted tax rolls. Failure to make such notice by U.S. mail shall not invalidate the proceedings.

(2)

At the public hearing the PZC shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this chapter.

(d)

PZC action. Within 45 days following the public hearing (unless tabled), the PZC shall make specific findings as to whether the change is consistent with the objectives of this chapter. The PZC shall transmit a report to the city council recommending that the application be granted, granted in modified form, or rejected, together with a copy of the application, resolution of the PZC or request of the city council the scale drawing of the site and the surrounding area and all other data filed therewith; the minutes of the public hearing; and the findings of the PZC.

(e)

City council action. An amendment shall be passed by ordinance with a majority vote of the city council. An amendment shall be passed only by a favorable vote of two-thirds of all of the members of the city council then holding office if a written protest against the proposed amendment is filed with the city clerk pursuant to subparagraph (g) below;

(f)

Denial period. No application for a change in district boundaries, which has been denied wholly or partially by the city council shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the PZC.

(g)

Protest petition on map amendments. If a written protest against a proposed map amendment is made by the owners of 20 percent of the frontage immediately adjoining or across a street, alley or public easement therefrom and filed with the city clerk, such amendment shall not be granted except by an affirmative vote of at least three-quarters of all the members of the city council.

(Ord. of 5-6-2024)