A rezoning may be initiated by the City, by initiative petition or by application by property owners.

(Ord. No. 500, § 1, 8-11-2016)

An application for rezoning shall contain the following:

1.

A site plan per Section 16-10-30 of this Chapter;

2.

Other information to show compliance with Subsection 16-14-30.C. below; and

3.

A list of all property owners within 300 feet of the property being proposed for rezoning.

(Ord. No. 500, § 1, 8-11-2016)

A.

Review . The application shall be reviewed by the City Administrator pursuant to Section 16-12-50 of this Chapter.

B.

Public hearing . After compliance with Section 16-10-40, at a public hearing, the City shall consider the application, supporting documentation and City staff report, within 45 days of the filing of a complete application. The hearing may be continued from time to time as the City Council deems necessary.

C.

Criteria .

1.

Amendments to the Official Zoning Map involving any change in the boundaries of an existing zoning district, or changing the designation of a district, shall be allowed only upon a determination following a public hearing that the criteria below are met:

a.

The amendment is consistent with the public health, safety and welfare; and

b.

The amendment is in substantial conformity with this Code; or

c.

The existing zoning is erroneous; or

d.

Conditions in the area affected or adjacent areas have changed materially since the area was last zoned.

2.

The burden shall be on the applicant to show that changing the zoning will not negatively affect neighbors and that the criteria of this Subsection have been met. If the reviewing body determines that such criteria have not been met, the application shall be denied. The application may be granted upon conditions or limitations which the reviewing body determines are necessary in order to ensure that the applicable criteria are met. Such conditions or limitations shall be provided to the applicant, in writing, as part of the decision.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, § 27, 7-19-2018)

A.

If a valid petition opposing a change in zoning classification is filed with the City, the proposed amendment may then only be adopted by a favorable vote of two-thirds of all members of the City Council.

B.

To be valid, the petition shall:

1.

Be signed by the owners of either ten percent or more of the property subject to the proposed change; or by ten percent or more of the area of land extending a radius of 300 feet from the boundaries of the property which is subject to the proposed change;

2.

Be received by the City at least 24 hours prior to the public hearing before the City Council; and

3.

Be on a form provided by the City and containing all the information requested on the form.

(Ord. No. 500, § 1, 8-11-2016)

Comprehensive review and reenactment of all or a significant portion of the Official Zoning Map shall be a legislative action and shall not be required to meet any specific criteria, but must follow procedures under Section 16-10-40 of this Chapter.

(Ord. No. 500, § 1, 8-11-2016)

Amendments to the Official Official Zoning Map may only be made by ordinance.

(Ord. No. 500, § 1, 8-11-2016)

Proceedings concerning the zoning of property to be annexed may be commenced at any time prior to the effective date of the annexation ordinance or thereafter. The zoning designation for newly annexed property shall be in compliance with the intent of this Code.

(Ord. No. 500, § 1, 8-11-2016)