Whenever the public necessity, convenience, general welfare or good zoning practice require, the City Council may, by ordinance, after receipt of a recommendation thereon from the Planning Commission, and subject to the procedure provided by law, amend, supplement or change these regulations, district boundaries or classifications or property, now or hereafter established by this Zoning Code or any amendment thereof. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for text or map amendments or supplements to City Council.

(Ord. 2010-29. Passed 5-7-10.)

   Amendments to the zoning map or text may be initiated in one of the following ways:

   (a)   By adoption of a motion by the Planning Commission;

   (b)   By adoption of a motion by Council for consideration by the Planning Commission; and

   (c)   By application to the Planning Commission by a property owner of record.

(Ord. 2010-29. Passed 5-7-10.)

   The procedure for amendments to the Official Zoning Map or text of this Zoning Code shall be as follows:

   (a)   Applications. Applications for any text amendment or change of district boundaries or classifications of property, as shown on the Official Zoning Map, shall be submitted to the Planning Commission at its public office. Applications shall be on a form as approved by the City and shall be accompanied by such data and information, as may be prescribed for that purpose by the Planning Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application for a map amendment shall be verified by at least one of the property owners of record within the area proposed to be rezoned, attesting to the truth and correctness of all facts and information presented with the application. Applications for map or text amendments initiated by the Planning Commission shall be accompanied by the motion pertaining to the proposed amendment.

   (b)   Names and Addresses of Adjacent Property Owners. Any owner of record desiring a change in the zoning classification of their property shall file, with the application for such change, a statement giving the names and addresses of the owners of all properties lying within 200 feet of any part of the property the zoning classification of which is proposed to be changed.

   (c)   Public Hearing by Planning Commission. Before submitting its recommendations on a proposed amendment to the City Council, the Planning Commission shall hold a public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the City at least 30 days prior to the meeting date. The notice shall state the place or places and times at which the proposed amendment, including texts and maps, may be examined.

   (d)   Notice to Property Owners. In addition to the published notice as hereinbefore specified, the Planning Commission shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements, by mailing a postal card or letter notice, not less than ten days prior to the date of the hearing, to the owners of all properties lying within 200 feet of any part of the property proposed to be changed. The failure to notify as provided in this section shall not invalidate any recommendation adopted hereunder, it being the intention of this section to provide, so far as may be possible, due notice to persons substantially interested in the proposed change that an application is pending before the Planning Commission, proposing to make a change in the Zoning Map or the regulations set forth in this Zoning Code.

   (e)   Action of Planning Commission. The Planning Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be denied. These recommendations shall then be certified to the City Council.

   (f)   Public Hearing by City Council. After receiving the recommendation from the Planning Commission on the proposed amendment, and before adoption of such amendment, the City Council shall hold a public hearing thereon, at least 30 days notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the City.

   (g)   Action of City Council. After receiving the recommendation from the Planning Commission on the proposed amendment and after holding the public hearing as identified in Section 1256.02, the City Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Code or on the Zoning Map. The City Council may overrule the recommendations of the Commission by a three-fourths vote of the full membership of the Council.

(Ord. 2010-29. Passed 5-7-10.)

   At the time that an application for a change of zoning districts is filed with the Planning Commission, as provided herein, there shall be deposited with the City Treasurer a fee in an amount determined by ordinance of Council, to cover an investigation, legal notices and other expenses incidental to the determination of the proposed amendment(s), such fee to be for one lot or part of one lot. Such sum so deposited shall be credited by the City Treasurer to the General Fund of the City. Application for a change of zoning districts shall be for one contiguous area. There shall be no refunds or credits regardless of approval or disapproval by either the Planning Commission or City Council, or if the proceedings are dropped any time after the application is filed with the City Planning Commission.

(Ord. 2010-29. Passed 5-7-10.)