The governing body may from time to time amend, supplement or change the district boundaries or regulations contained in this zoning ordinance. A proposal for an amendment or a change in zoning may be initiated by the governing body or by the planning commission or upon application of the owner of the property affected. All such proposed changes shall first be submitted to the planning commission for recommendation and report. Upon the development of tentative recommendations, the planning commission shall hold a public hearing thereon and shall cause an accurate, written summary to be made of the proceedings.

(1)

Any party desiring any change in zoning district boundaries or regulations contained in this zoning ordinance as to any lot, tract or area of land, shall file with the city clerk an application upon forms provided, and such application shall be accompanied by such data and information as may be prescribed by the planning commission. The proposed construction shall begin and be completed within the specified time limits as outlined in the general requirements section in each of the above named zoning districts. At the time of filing said application with the city clerk, the applicant shall provide the city clerk with the names and addresses of all owners of any land located within three hundred (300) feet of the outer limits of said area to which the applicant desires change of zoning.

(2)

An applicant for a change in zone to "R-P" community unit plan district or "M-P" mobile home park district must satisfy the planning commission that he has the ability to carry out the proposed plan and shall prepare and submit a schedule for construction. The proposed construction shall begin within a period of eighteen (18) months following approval by the governing body and forty (40) per cent of the total planned construction shall be completed within a period of three (3) years following such approval. Such applicant shall also prepare and submit a rezoning application and a preliminary development plan for review and approval by the planning commission which plan shall include:

(a)

A topographic map showing contours at intervals of two (2) feet.

(b)

A plot plan showing:

(1)

Building locations on the tract to conform with the yard requirements of the district.

(2)

Access from streets.

(3)

Location and number of off-street parking spaces.

(4)

Interior drives and service areas.

(5)

Landscaped buffer strips and walls or fences.

(c)

Location map showing the development and zoning of the adjacent property within three hundred (300) feet, including the location and the type of buildings and structures thereon.

(d)

The full legal description of the boundaries of the properties to be included in the area to be rezoned.

(e)

A map showing the general arrangement of streets within an area of one thousand (1,000) feet from the boundaries of the area to be zoned.

(f)

A map showing location of proposed sewer, water and other utility lines.

(g)

A description of the general character of proposed buildings.

(h)

Applicants for a "M-P" Mobile Home Park District shall show on a copy of the plot plan the following:

Location of mobile home sites.

Location of service buildings.

Location of off-street parking area.

Location and size of electrical outlets.

Location and size of sanitary lines and sewer outlets.

Location and size of water line and connections.

Location and size of recreation areas.

Location and width of sidewalks.

(3)

Upon approval of the zoning application and preliminary development plan by the planning commission, the applicant shall prepare and submit a final development plan, which shall incorporate any changes or alterations requested. Alterations in the preliminary schedule of construction shall be submitted at this time. The final development plan and the planning commission recommendation shall be forwarded to the governing body for their review and final action. In the event that within eighteen (18) months following approval by the governing body of a "R-P", "M-P", or "C-P" district, the applicant does not proceed with construction substantially in accordance with the plan so approved, the planning commission shall initiate action to rezone the property. A public hearing, as required by law, shall be advertised and held, at which time the applicant shall be given an opportunity to show why construction has been delayed. Following the hearing, the planning commission shall make findings of fact and shall submit their recommendation to the governing body for official action.

(Ord. No. 1497, § 27, 2-14-1985)

For the purpose of wholly or partially defraying the costs of the proceeding prescribed herein, including publication costs, the applicant, upon the filing of the application shall pay to the city clerk a fee in the amount of thirty-five dollars ($35.00). Promptly upon the filing of any such application, the city clerk shall refer the application to the planning commission for study and recommendation and shall report to the governing body concerning the nature of the application and that said application has been referred to the planning commission.

Before the planning commission shall, by proper action, formulate its recommendation to the governing body on any such proposed or requested change of zoning district boundary or regulation, whether initiated by the governing body or planning commission or by others, the planning commission shall hold a public hearing on such proposal. The secretary of the planning commission shall cause a notice of public hearing to be published once in the official newspaper and at least ten (10) days shall elapse between the date of such publication and the date set for hearing. Such notice shall fix the time and place for such hearing and shall contain a statement regarding the proposed changes in the regulations or restrictions or in the boundary of any district and, if such proposed amendment will affect the specific property; the legal description and general street address shall be given; provided that, in addition to such publication notice, written notice of such proposed change shall be mailed to all the owners of land located within three hundred (300) feet of the area proposed to be altered and an opportunity granted to interested parties to be heard. Failure to receive such notice shall not invalidate any subsequent action taken.

(Ord. No. 1497, § 27, 2-14-1985)

If a protest against such amendment is filed in the office of the city clerk within fourteen (14) days after the date of the conclusion of the public hearing pursuant to said publication notice, said protest duly signed and acknowledged by the owners of twenty (20) per cent or more of any real property proposed to be rezoned or by the owners of twenty (20) per cent of the area, except public streets and ways, located within or without the corporate limits of the city and located within three hundred (300) feet of the boundaries of the property proposed to be rezoned, such amendment shall not be passed except by at least three-fourths (¾) vote of the members of the governing body.

(Ord. No. 1497, § 27, 2-14-1985)