The city council may, from time to time, on its own motion, on petition from a property owner, or on the recommendation of the planning commission, amend, supplement, change, modify, or repeal (amendment) the requirements, restrictions, or zoning district classification of property on the official zoning districts map. No amendment shall become effective until:

A.   The planning commission has reviewed the change and made its recommendations.

B.   After a public hearing is held in relation thereto, at which time the parties in interest and citizens shall have an opportunity to be heard. At least ten (10) calendar days' notice of the date, time and place of such hearing shall be published in a legal newspaper having general circulation within the city. A notice of a public hearing shall be mailed to all affected property owners within three hundred feet (300') of the area that is subject to the hearing. The cost of the notice shall be paid from the fees accompanying the zoning application. (Ord. 990 §1, 2003: Ord. 968 §1, 2002: Ord. 832 §1, 1997)

A.   Whenever a proposed amendment involves a change in the language of the text of any provision of this title, it shall be referred to the planning commission for review at a public hearing followed by a recommendation to the city council. A majority vote of the members of the city council present at their meeting will constitute approval or disapproval of any such amendment, regardless of the planning commission recommendation.

B.   Whenever a proposed amendment involves a change to the official zoning districts map, commonly known as the rezoning or redistricting of property, it shall be referred to the planning commission for review at a public hearing followed by a recommendation to the city council. If a protest against such amendment is filed at least three (3) days before the time of the public hearing before the city council by the owners of twenty percent (20%) or more of the area of the lots included in such proposed amendment or by the owners of fifty percent (50%) or more of the area of the lots within a three hundred foot (300') radius of the exterior boundary of the territory included in such proposed amendment or separated only by an alley or street less than three hundred feet (300') wide, such amendment shall not become effective unless approved by a three-fourths (3/4) majority vote of all members of the city council. The requirements of this chapter relative to public hearing and official notice shall apply equally to all amendments.

C.   In addition to the city council public hearing notice provided for in this chapter, notice of public hearing of any zoning change shall be given ten (10) calendar days prior to the planning commission hearing by mailing written notices signed by the secretary of the planning commission or the city clerk to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. The notice shall contain all of the following:

   1.   The legal description of the property and the street address or approximate location in the city;

   2.   The present zoning and classification of the property and the classification sought by the applicant;

   3.   The date, time, and place of the public hearing.

D.   In addition to the written notice requirements, notice may also be given by posting notice of such hearing on the affected property at least twenty (20) days before the date of the hearing. The notice 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. The notice shall contain:

   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;

   5.   Other information as deemed necessary to provide adequate and timely public notice. (Ord. 990 §1, 2003: Ord. 968 §1, 2002: Ord. 846 §1, 1998: Ord. 832 §1, 1997)

The following is the form for the notice of hearings:

(Ord. 990 §1, 2003: Ord. 832 §1, 1997)

Whenever the owners of fifty percent (50%) or more of the land in any area present an amendment to the requirements prescribed for such area, it shall be the duty of the city council to vote upon such amendment within ninety (90) days of the filing. (Ord. 832 §1, 1997)

The fee for filing an application to change the zoning of property, special use permit, and to amend the district boundaries is fixed and established according to the following schedule:

 

 

The application fee for a PUD district is two (2) times the land area rate. (Ord. 832 §1, 1997)

The fee for filing an application to close a public way or easement within the city or any thereto is fixed and established according to the following schedule:

 

 

In addition, the applicant shall reimburse the city, or pay directly, any publication costs incurred as a result of the application. (Ord. 832 §1, 1997)

Applications to amend the zoning ordinances that are heard and decided by the city council will not be heard again within six (6) months of the date of such decision, and then only:

A.   Where the application can show a material change in the surroundings;

B.   Where new evidence which might affect the decision can be produced;

C.   Upon a new application. Motions for rehearings will not be entertained. An application that is withdrawn prior to a decision by the city council shall not be refiled or heard within six (6) months of the date of such withdrawal. (Ord. 832 §1, 1997)