The council may, from time to time, on its own motion or on petition, after public notice and hearing, amend, supplement, change, modify or repeal the regulations and districts herein established. Every such proposed amendment shall be referred by the council to the city planning and zoning commission for report and recommendation prior to amendment action. In case, however, of a protest against such change, signed not less than ten days prior to the public hearing, by the owners of 20 percent or more of the area of the lots included in such proposed change, or by the owners of 50 percent or more of the area of the lots immediately abutting on any side of the territory included in such change, or separated therefrom only by an alley or street less than 300 feet wide, such amendment shall not become effective except by the favorable vote of three-fifths of all of the members of the council. It is the duty of the council to vote upon such amendment within 90 days of the filing of same by the petitioners with the city clerk. If any area is hereafter transferred to another district by changing the district boundaries, or amendments as provided in this section the provisions of this chapter or amendments thereto with regard to buildings or premises existing at the time of the passage of this chapter shall apply to buildings or premises existing in such transferred area at the time of the passage of such amendment.

(Prior Code, § 45-8.7; Code 1983, § 12-380; Ord. No. 301-A, 11-8-1990)

Any person, firm or corporation desiring to have any land or premises rezoned shall make application therefor in writing to the city zoning commission, setting forth the legal description of the property to be rezoned, and the street address or approximate location within the city, the names and addresses of the owners thereof, the use district in which it is to be rezoned, the present use of the premises, and the intended use thereof; there shall accompany the application a plot plan, showing the boundaries of the property to be rezoned, and the location of any building or buildings thereon, or to be erected thereon for the new use, and a list of the names and addresses of all owners of the property within a 300 foot radius of the exterior boundaries of the subject property, either certified to by bonded abstractor, or verified under oath, as to the correctness thereof, and deposited with the city clerk of the city, the following fee: A non-refundable filing fee as provided in the city fee schedule plus a deposit to be applied to the actual costs of the city; provided that any portion of the deposit exceeding the actual costs will be refunded to applicant.

(Code 1983, § 12-381; Ord. No. 129A, 9-11-1980; Ord. No. 301-A, 11-8-1990)

(a)

The planning commission shall give 15 days' notice of a public hearing on a proposed zoning ordinance or map amendment by publication in a newspaper of general circulation in the city. The notice shall include a map of the area to be affected which indicates street names or numbers, streams, or other significant landmarks in the area.

(b)

In addition, 20 days' notice of public hearing shall be given by mailing notice to all owners of property located within 300 feet from the exterior boundary of the properties proposed for rezoning. The notice shall contain:

(1)

Date, time and place of the public hearing;

(2)

Legal description of the property and the street address or approximate location of the property; and

(3)

Present zoning district classification of the property and the proposed zoning district classification.

(c)

If the city council proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including, but not limited to, floodplain, drainage, historic preservation, and blighted areas, in addition to the notice requirements provided for in subsection (a) of this section, a sign may be posted on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces. Such notice shall state:

(1)

The date, time, and place of the public hearing;

(2)

Who will conduct the public hearing;

(3)

The desired zoning classification;

(4)

The proposed use of the property; and

(5)

Other information as may be necessary to provide adequate and timely public notice.

(d)

Notice of public hearing involving a proposed map amendment shall confer authority on the planning commission to consider a reclassification of the subject property to a more restrictive zoning district at the time of public hearing.

(e)

Parties in interest and citizens shall have an opportunity to be heard at a public hearing before any regulation, restriction or district boundary shall become effective. The public hearing shall be conducted by the city planning commission, at which time the commission shall make a recommendation thereon which shall be forwarded to the city council, as prescribed below.

(f)

After notice and public hearing, the planning commission shall vote to:

(1)

Recommend to the city council that the application be approved as submitted, or as amended, or be approved subject to modification; or

(2)

Recommend to the city council that the application be denied.

(g)

An application recommended for approval or approval subject to modification shall be transmitted, with the report and recommendations of the planning commission, to the city council within 30 days from the date of planning commission action.

(h)

In the event the planning commission arrives at a tie vote, the application shall be transmitted with a report and notation of the tie vote, to the city council within 30 days from the date of the planning commission action.

(i)

An application recommended for denial, shall not be considered further, unless the applicant within 30 days from the date of the planning commission action files a written request with the city clerk's office for a hearing by the city council. If the applicant is the city, then the matter shall be sent to the city council. Upon notice of such request, the planning commission shall forthwith transmit the application and its report and recommendations to the city council.

(Prior Code, § 45-8.9; Code 1983, § 12-382; Ord. No. 277-A, 5-11-1988; Ord. No. 301-A, 11-8-1990)

(a)

Upon receipt of planning commission recommendations for approval on any zoning matter, the city council may act on the same with no additional public notice.

(b)

Additional public notice of a public hearing before the city council shall be given if:

(1)

There is a modification of the rezoning proposal as stated in the notice given prior to the planning commission public hearing;

(2)

An applicant whose request was denied by the planning commission files, within 30 days of the date of the planning commission decision, a written request with the city clerk's office seeking a hearing before the city council; or

(3)

The planning commission arrived at a tie vote.

(c)

Public notice shall be given by the city clerk's office for those items noted in subsection (b) of this section, in the manner of publication and mailed notice as directed by section 44-121.

(d)

Written protests against proposed changes shall be filed with the city clerk's office at least three days before the date of the public hearing before the city council.

(e)

If protests are filed by:

(1)

The owners of 20 percent or more of the area of the lots included in a proposed change; or

(2)

The owners of 50 percent or more of the area of the lots within a 300-foot radius of the exterior boundary of the territory included in a proposed change;

Then the proposed change or amendment shall not become effective except by the favorable vote of three-fifths of the total membership of the city council, present and absent.

(Prior Code, § 45-8.10; Code 1983, § 12-383; Ord. No. 277-A, 5-11-1988; Ord. No. 301-A, 11-8-1990)

(a)

In the event an application for amendment of the official zoning map or an amendment to the regulations is denied, the application shall not be eligible for reconsideration for one year subsequent to such denial.

(b)

A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the chairman of the planning commission, to be eligible for consideration within less than one year of the denial of the original application.

(Code 1983, § 12-384; Ord. No. 277-A, 5-11-1988; Ord. No. 301-A, 11-8-1990)

Whenever any street, alley or other public easement is vacated, the portion vacated shall have the same district classification as the land to which the vacated portion accrues.

(Prior Code, § 45-8.11; Code 1983, § 12-385; Ord. No. 301-A, 11-8-1990)