A. Criteria for granting zoning amendments. The City Council may adopt amendments to this chapter and the Zoning Map in relation both to land uses within a particular district or to the location of a district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the City as reflected in the Comprehensive Plan or changes in conditions in the City.
B. Kinds of amendments.
(1) A change in a district's boundary (rezoning).
(2) A change in a district's regulations.
(3) A change in any other provision of this chapter.
C. Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:
(1) By petition of an owner or owners of property which is proposed to be rezoned or for which district regulation changes are proposed.
(2) By recommendation of the Planning Commission.
(3) By action of the City Council.
D. Required exhibits for rezoning or district regulation changes initiated by property owners are as follows:
(1) A preliminary building and site development plan. The City Council may also require a boundary survey of the property.
(2) The evidence of ownership or enforceable option on the property.
E. Procedure. The procedure for a property owner to initiate a rezoning or district regulation change applying to this property is as follows:
(1) The property owner or his/her agent shall meet with the City Council to explain his/her situation, learn the procedures and obtain an application form.
(2) The applicant shall file the completed application form together with the required exhibits with the City Council and shall pay a filing fee as established by the City Council.
(3) The City Council shall transmit the application and required exhibits to the Planning Commission.
(4) The Planning Commission shall set the date for a public hearing and shall have notices of such hearing published in the legal newspaper at least once, not less than 10 days and not more than 30 days prior to said hearing. All property owners within the affected zone and within 350 feet of the outer boundaries of the property in question shall be notified; however, failure of any property owner to receive such notification shall not invalidate the proceedings. The City Council may waive the mailed notice requirements for a City-wide amendment to this chapter initiated by the Planning Commission or the City Council.
(5) The Planning Commission shall hold the public hearing and then shall recommend to the City Council within 30 days one of three actions: approval, denial or approval with special conditions.
(6) The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission.
(7) No application of a property owner for an amendment to the text of this chapter or the Zoning Map shall be considered by the Planning Commission within a one-year period following a denial of such request, except the Planning Commission may permit a new application if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrants it.
F. Zoning amendment in accordance to the Comprehensive Plan. Any change in zoning granted by the governing body shall automatically amend the Comprehensive Plan in accordance with said zoning change.
