§ 17.04.270. Changes and amendments.

A.

Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the city council may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this title or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the city plan commission.

B.

Initiation. A change or amendment may be initiated by the city council, plan commission or a petition of one or more of the owners of property within the area proposed to be changed.

C.

Petitions. Petitions, for any change to the district boundaries or amendments to the regulations, shall be filed with the city clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use, and have attached the following:

1.

A plot plan, drawn to a scale of one inch equaling not more than one hundred (100) feet, showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within three hundred (300) feet of the area proposed to be rezoned;

2.

Owners' names and addresses of all properties lying within three hundred (300) feet of the area proposed to be rezoned;

3.

Additional information as required by the city plan commission or city council.

D.

Recommendations. The city plan commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be denied or granted as requested or as modified. The recommendation shall be made at a meeting after the meeting at which the petition is first submitted and shall be made in writing to the city council.

E.

Hearings. The city plan commission shall hold a public hearing on each proposed amendment to the zoning code on notice as specified in Section 17.04.320. Prior to taking final action on any zoning amendments the city council may hold additional public hearing on notice as provided herein.

F.

City Council's Action. Following such hearing and after careful consideration of the city plan commission's recommendations, the city council shall vote on the passage of the proposed change or amendment. The city plan commission's recommendations may only be overruled by a two-thirds vote of the full city council's membership.

G.

Protest. In the event of a protest against such district change or amendment to the regulations of this title, duly signed and acknowledged by the owners of twenty (20) percent or more either of the areas of the land included in such proposed amendment, or by the owners of twenty (20) percent or more of the land immediately adjacent extending one hundred (100) feet therefrom, or by the owners of twenty (20) percent or more of the land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full city council membership.

(Ord. 143-2007; prior code § 10-4-26)

(Ord. No. 159-2008, 8-21-08; Ord. No. 177-2009, 4-13-2010; Ord. No. 182-2009, 4-13-2010)