§ 27-26. Amendments.

(a)

Generally. The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modification or repeal shall be deemed to amend, supplement, change, modify or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan. The planning and zoning commission and its composition and duties are established by Article IV of Chapter 2 of this Code.

(b)

Amendment initiation. An amendment to this chapter may be initiated by:

(1)

The city council on its own motion;

(2)

The planning and zoning commission; or

(3)

A request by the owner or agent of the owner of the property to be changed.

(c)

Procedure. All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the enforcing officer, who shall cease notices to be sent and place the petition on the planning and zoning commission agenda. The city council may not enact any proposed amendment until the planning and zoning commission makes its final report to the city council. The city council may refer proposed amendments to the planning and zoning commission for recommendation. Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made.

(d)

Public hearing and notice. Prior to making its report to the city council, the planning and zoning commission shall hold at least one (1) public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than ten (10) days before such hearing is held to all owners of property who have rendered their property for city taxes, which is located within the area proposed to be changed, within two hundred (200) feet of such property, or within two hundred (200) feet of any other adjacent property under the same ownership as the tract to be rezoned. Measurements shall be taken exclusive of public streets. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. No notice of hearings before the planning and zoning commission on proposed changes in zoning regulations need be given, except as may be required by open meeting laws.

(e)

Commission report. The planning and zoning commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the city council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the commission fails to finally report after sixty (60) days, it should be deemed to have recommended negatively to the proposal.

(f)

Forwarding final report. Every proposal receiving a final report by the commission shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for the same and its publication as required by law.

(g)

Withdrawal. Any proposal or application may be withdrawn by the proponent after the commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it.

(h)

Sign posting. The city manager or his designee shall erect at least one (1) sign on the property proposed to be rezoned, which sign shall have the total area of at least four (4) square feet. Such sign or signs shall, if possible, be located adjacent to streets. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the city council, or upon a withdrawal of the request by the applicant, whichever comes first. The sign shall state that the property posted is under consideration by the city for a zoning request and shall contain the telephone number and office to contact in city hall for specific information about the scheduled hearing date and the requested zoning action. The erection or continued maintenance of the sign shall not be deemed a condition precedent to the granting of any zone change or the holding of any public hearing.

(i)

Council hearing and notice. The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter. A public hearing on such amendment, supplement or change shall be held by the council. Notice of council hearing shall be given by publication one (1) time in the official paper of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. No such amendment, supplement or change shall be considered unless and until the commission makes its final report thereon. Publication of such change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.

(j)

Denial of request for rezoning; application not to be considered for another six months. No application for rezoning shall be considered within six (6) months of denial of a request for the same classification on the same property.

(k)

Protest against change. In case of a written protest against such change signed by the owners of twenty (20) percent or more either of the land included in such proposed change, or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council present and qualified to vote (five-sixths, four-fifths, three-fourths). In computing the percentage of land area, the area of streets and alleys shall be included in the computation.

(l)

Council action on application. The proponent of any zone change shall satisfy the city council that either the general welfare of all the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the council's satisfaction, it may grant the requested zone change; or it may change the zone's designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character.

(Code 1965, Ch. 27, §§ 24.1—24.12)