Whenever the public necessity, convenience, general welfare, or good zoning practices require, the city council may, by ordinance, after receipt of recommendation thereon from the designated city representative and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. (Ord. 557-2024, 5-2-2024)

Amendments to this title may be initiated in one of the following ways:

   (A)   By adoption of a motion by the city council.

   (B)   By the filing of an application by a property owner or a person who has an existing interest in property within the area proposed to be changed or affected by said amendment. (Ord. 557-2024, 5-2-2024)

Applications for amendments to the official zoning map adopted as part of this title shall be provided to the designated city representative and shall contain at least the following information:

   (A)   Name, address and phone number of applicant.

   (B)   Proposed amending ordinance, approved as to form by the council.

   (C)   Present land use.

   (D)   Present zoning district.

   (E)   Proposed use.

   (F)   Proposed zoning district.

   (G)   A vicinity map at a scale approved by the designated city representative showing the property lines, thoroughfares, existing and proposed zoning requests.

   (H)   A list of all property owners and their mailing addresses who are within five hundred feet (500') of the external boundaries of the land being considered.

   (I)   A statement on how the proposed amendment relates to a comprehensive plan, availability of public facilities and compatibility with the surrounding area.

   (J)   A fee as established by the council. (Ord. 557-2024, 5-2-2024)

Zoning districts, zoning subdistricts and overlay districts shall be amended in the following manner:

   (A)   Requests for an amendment to this title shall be submitted to the designated city representative which shall evaluate the request to determine the extent and nature of the amendment requested;

   (B)   If the request is in accordance with a comprehensive plan, the city council may adopt or reject the ordinance amendment under the notice and hearing procedures as herein provided; and

   (C)   If the request is not in accordance with a comprehensive plan, the request shall be submitted to the city council which may adopt or reject an amendment to a comprehensive plan under the notice and hearing procedures. (Ord. 557-2024, 5-2-2024)

The city council shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions.

   (A)   Zoning Title Amendment: The city council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. Notice for public hearings shall be provided. Following the city council's hearing, if the city council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided by the city council.

   (B)   Zoning Map Amendment: The city council, prior to considering a zoning map amendment that is in accordance with a comprehensive plan, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. (Ord. 557-2024, 5-2-2024)

Public notice shall be provided for land use actions requiring a public hearing. Public notice shall comply with the following requirements.

   (A)   Mail: Mail notice shall be provided as follows when required:

      1.   At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing and a summary of the proposal shall be provided by mail to the following:

         a.   Property owners, or purchasers of record, within the land being considered;

         b.   Property owners, or purchasers of record, within five hundred feet (500') of the external boundaries of the land being considered;

         c.   Any additional property owners, or purchasers of record, that may be impacted by the proposed change as determined by the designated city representative; and

         d.   All political subdivisions providing services within the planning jurisdiction, including the city, school districts, and law enforcement.

   (B)   Site Posting: Notice shall be posted on site as follows when required:

      1.   At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing and a summary of the proposal shall be posted on the premises.

         a.   Notice shall be provided by not less than one sign located on the subject property adjacent to each street frontage of the property. In the event that the subject property is not adjacent to a public street, signs may be placed within the nearest public street right of way with prior approval from the administrator and the owner of the right of way.

         b.   Signs shall be placed on the property so as to remain clearly visible from adjacent streets. In the event that visibility of signs located on the property is obstructed, signs may be placed within the adjacent street right of way with prior approval from the administrator and the owner of the right of way.

         c.   If a property contains three hundred (300) or more feet of street frontage on a single street, one sign shall be placed on the property for each three hundred feet (300'), or portion thereof, of the street frontage.

   (C)   Newspaper: Newspaper notice shall be provided as follows when required:

      1.   At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction of the city.

      2.   The city clerk shall cause the newspaper notice to be prepared and published.

   (D)   Press Release: A press release shall be provided as follows when required:

      1.   At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing and a summary of the proposal shall be made available as a press release to news media outlets serving the jurisdiction, including newspapers, radio, and television stations.

      2.   The city clerk shall cause the press release to be prepared and made available to news media outlets. The city cannot guarantee that media outlets will broadcast the press release.

   (E)   City Website: Notice shall be provided on the city website as follows when required:

      1.   At least fifteen (15) days prior to the hearing, notice of the time and place of the hearing and a summary of the proposal shall be posted on the city website.

      2.   The city clerk shall cause the notice to be posted on the city website.

   (F)   Public hearings for appeals, related to a city representative decision, on interpretation and administration of this title, zoning title amendments not relating to a specific property, and comprehensive plan amendments not relating to a specific property are not required to provide mail and site posting notice. (Ord. 557-2024, 5-2-2024)

The city council, prior to adopting, revising or rejecting the amendment to this title shall conduct at least one public hearing using the same notice and hearing procedures as required by law. Following the city council hearing, if said city council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the city council adopts the amendment.

Upon granting or denying an application to amend this title, the city council shall specify:

   (A)   The regulations and standards used in evaluating the application.

   (B)   The reasons for approval or denial.

   (C)   The actions, if any, that the applicant could take to obtain a permit.

In the event the city council shall approve an amendment, such amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance. (Ord. 557-2024, 5-2-2024)

No application for a reclassification of any property which has been denied by the city council shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purposes within a period of one year from the date of such final action; unless there is an amendment in a comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration. (Ord. 557-2024, 5-2-2024)

Whenever a zoning district boundary change is contemplated by the city, notice of said proposed zoning district boundary change and the hearing thereon shall be published in the official newspaper or paper of general circulation within the jurisdiction of the city once a week for three (3) consecutive weeks, with at least one of said publications being fifteen (15) days prior to the date set for hearing on the proposed zoning district boundary change and for which said notice is given. (Ord. 557-2024, 5-2-2024)