The board of aldermen shall have the authority to amend, supplement, change, modify or repeal by ordinance the text or map of the zoning regulations in accordance with the provisions of this article.

(1)

Text amendments. An application for amendment to the written text of this zoning regulations may be filed in the office of the community development director for consideration by the planning and zoning commission and the board of aldermen. Such application may be initiated by any member of the board of aldermen, mayor or the planning and zoning commission or filed with the planning department by any other elected or appointed official of the city.

(2)

Rezoning. An application for an amendment, revision or change in the zoning district designation as described by the official zoning map may be filed in the office of the community development director for consideration by the planning and zoning commission and the board of aldermen. Such application may be filed by any member of the board of aldermen, the planning and zoning commission, or by any owner, agent, representative or contract purchaser with interest in the property to be included in the proposed change of zoning.

(Code 2006, § 405.525; Code 2008, § 405.525; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3177, § 1, 8-24-2011)

(a)

Generally. The application shall be made on a form provided by the city planning department. The application shall be signed by the applicant and shall state name and address, as well as:

(1)

Text amendments. An application for an amendment to the text of this chapter shall set forth the new text to be added or amended and existing text to be deleted.

(2)

Rezoning. An application for a zoning map change shall include:

a.

A legal description of the property to be rezoned.

b.

A scaled map or survey of the property, correlated with the legal description, and clearly showing the property's location.

c.

The name and address of the petitioner, including a recent certificate of title or deed to the property showing ownership. If the petitioner is not the owner, the name and address of the owners, and the written consent of the owners, must be provided.

d.

The present zoning and proposed zoning and development plan in narrative form or a scaled preliminary site plan, indicating the intended use of the property subject to rezoning.

e.

The planning and zoning commission will identify the owners within 300 feet of any point of the property, including those property owners across street rights-of-way and railroad rights-of-way.

f.

A filing fee as established by the board of aldermen and set out in Exhibit A to the ordinance from which this chapter is derived.

(b)

Compliance with format and procedures adopted by planning and zoning commission. An application for either a text amendment or zoning map amendment shall comply with and be in accordance with the format and procedures governing the same as adopted by the planning and zoning commission. In all cases where an application is initiated by a private party, the application shall be accompanied by the fee established by the board of aldermen, set out in Exhibit A to the ordinance from which this chapter is derived, and on file in the offices of the city clerk and the building official/community development director.

(Code 2006, § 405.530; Code 2008, § 405.530; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3177, §§ 1, 6, 8-24-2011)

(a)

Applications shall be subject to a public hearing before the planning and zoning commission not later than the second regular monthly meeting of commission from the date of filing. For good cause or at the request of the applicant, the commission may continue the hearing. At least 15 days' notice of the time and place of such hearing shall be published in an official newspaper or a newspaper of general circulation within the city.

(1)

For any amendment, revision or change to the official zoning map, the city will be responsible for notifying by first class mail all known property owners whose property lies within 300 lineal feet of the property requested to be rezoned. Notice shall be postmarked at least 15 days prior to the hearing. Failure of a particular property owner to receive notice, however, shall not be deemed to invalidate the application.

(2)

Upon the hearing of an application, the commission shall approve or deny the application and forward its recommendation on the request to the board of aldermen.

(3)

Before acting upon any application for amendment, the board of aldermen shall set a time and place for a public hearing thereon, and at least 15 days' notice of the time and place of such hearing shall be published in a paper of general circulation in the city.

(b)

The board of aldermen may refer an application back to the planning and zoning commission for additional study before final decision; however, no notice other than for the first in public hearing need be given.

(Code 2006, § 405.535; Code 2008, § 405.535; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1200, § 10, 12-22-1993; Ord. No. 1391, § 1, 11-5-1997; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 2265, § 4, 1-27-2005)

In assessing the relevance or acceptability of a rezoning application, the burden of proof in justifying the request shall rest with the applicant, both before the planning and zoning commission as well as the board of aldermen.

(Code 2006, § 405.540; Code 2008, § 405.540; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

(a)

Confirming planning and zoning commission recommendation. All text amendments and amendments to the zoning map, as described herein, shall require only a simple majority vote by the board of aldermen in those instances where the recommendation of the planning and zoning commission is in favor of the request and where a citizen protest has not been filed, as discussed in subsection (c) of this section.

(b)

Overruling planning and zoning commission recommendation. In those instances where the planning and zoning commission recommends denial of the request, a two-thirds majority vote of the entire membership of the board of aldermen shall be required to reverse the recommendation of the commission.

(c)

Citizen protests. In case a protest against such revision or amendment is presented, duly signed, notarized and acknowledged by the owners of 30 percent or more of the areas of the land (exclusive of streets and alleys) included in such proposed change, or by the owners of 30 percent or more of the land within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such revision or amendment shall not become effective except by the favorable vote of two-thirds of all of the members of the board of aldermen.

(d)

Approval of rezoning portion of property. The planning and zoning commission may recommend that a petition for a change of zoning district classification be approved or denied for all or part of the property described in the petition. The board of aldermen may enact by ordinance such a partial granting of a petition for a change in zoning district classification.

(e)

Approval of different classification. The planning and zoning commission may recommend and the board of aldermen may enact by ordinance a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance is for a district classification of the same or more restrictive use type as that requested by the petitioner. District classification of the same type as referred to in this section shall include the "PD" Planned Development District when a petitioner proposes a particular use and presents plans at or prior to the public hearing that are substantially similar to those required by the "PD" rezoning procedures respectively.

(Code 2006, § 405.545; Code 2008, § 405.545; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 4449, § 6, 1-10-2024)

Any request for withdrawal of a legally filed application for text or zoning map amendment must be made in writing.

(Code 2006, § 405.550; Code 2008, § 405.550; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

In the event that any application to amend the zoning map is denied on final review by the board of aldermen, reapplication for the purposes of further review of the same application shall not be accepted by the city until 12 months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the planning and zoning commission that substantial new evidence not available during review of the original application will be presented.

(Code 2006, § 405.555; Code 2008, § 405.555; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

A newly annexed area will retain the city zoning district nearest equivalent to its county zoning until the city zoning process is completed.

(Code 2006, § 405.560; Code 2008, § 405.560; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)