1.

Requirements for change: Whenever the public necessity, convenience, general welfare or good zoning practice justifies such action, and after consideration by the municipal planning board, the city council may, by ordinance, from time to time amend, supplement, change or repeal the regulations, restrictions or district boundaries set out in this ordinance.

2.

Petition for, or initiation of change: A proposed change of the district boundaries or of the regulations may be initiated by the city council, the municipal planning board or by petition of one or more owners or authorized agents of such owner or owners of property within the area proposed to be changes or affected by a change in the district map or text. All proposed changes or petitions shall be in writing and shall specify: the nature and extent of the change desired, reasons for seeking the change and the names and addresses, as far as practicable of property owners affected by the change. The petition of proposed change all data pertaining thereto shall be filed with the planning director.

3.

Action on petition: Any proposed amendment, supplement, modification or repeal shall first be submitted to the municipal planning board for its recommendations and report. The municipal planning board shall have thirty (30) days within which to submit its report. If the municipal board fails to submit a report within [the] thirty-day period, it shall be deemed to have approved the change or departure.

Upon receipt of the report from the municipal planning board or after thirty (30) days from the date the petition or proposed change was referred to the municipal planning board, the city council shall: (a) hear the report of and recommendations from the municipal planning board, (b) receive a report from the city and hear comments from city staff, (c) hear proponents of the proposed change, and (d) hear the opponents of the proposed change.

4.

Notice of hearing: At least fifteen (15) but not more than forty-five (45) days prior to the date of the public hearing, notice of the hearing shall be published in a newspaper of general circulation in the city. The notice shall state the time, place, and purpose of the hearing. If the proposed change is to rezone property from one (1) zoning classification to another zoning classification, the notice shall also include the location of the property and the present and proposed zoning classification of the property.

If the proposed change is to rezone property from one (1) zoning classification to another zoning classification, a sign shall be placed upon the property for which rezoning is sought. Such sign shall be placed upon the property at least fifteen (15) but no more than forty-five (45) days prior to the public hearing. The sign shall have surface of not less than sixteen (16) inches in height and twenty (20) inches in width and the printing thereon shall be black with a light background and the letters shall be at least one and one-half (1½) inches tall. The sign shall be placed in a conspicuous location on the property and must be visible from at least one (1) street upon which the property abuts or on the access to such property and shall state the proposed zoning change, the date of the public hearing, and shall contain a telephone number to call for further information relating to such proposed rezoning.

The sign placed in accordance with the provisions of this section shall not be removed there from by any person until at least twenty-four (24) hours after the date scheduled for the public hearing.

5.

Standards to be considered: The city council shall consider the following standards for all zoning changes:

a.

Whether the zoning decision will permit a use suitable in view of the use and development of adjacent or nearby property.

b.

Whether the zoning decision will adversely affect the existing or proposed development of adjacent or nearby property.

c.

Whether the property affected by the zoning decision has a reasonable economic use as currently zoned.

d.

Whether the zoning decision will result or could cause an excessive or burdensome use of existing public facilities or services.

e.

Whether the zoning decision conforms with the policy and intent of the adopted land use plan.

f.

Whether other conditions exist that affect the use and development of the property in question and support either approval or denial of the zoning change.

6.

Minimum time between applications: A property owner shall not submit a proposal for zoning change, affecting the same piece of property, more than once a twelve-month period unless the applicant can show that the conditions upon which denial was based have substantially changed.

7.

Filing fee: Before any action is taken upon any application as provided in this section, either by the municipal planning board or the city council, the applicant shall deposit with the city clerk, a sum to cover the approximate cost of the procedure and under no obligation shall said sum or any part be refunded for failure of such change to be adopted by the city council. Such sum shall be in an amount as determined from time to time by the city council and listed in the schedule of fees and charges maintained in the city clerk's office.

(Ord. No. 2007-10, 3-12-07)