Article XIX. Amendments and Changes.
Sec. 74. Power of council generally.
Whenever the public necessity, convenience, general welfare,
or good zoning practice justifies such action, and after
consideration by the city planning commission, the city council
may, by ordinance, change the regulations set forth in this
ordinance[41]
and may change the zoning districts as established
on the district map. (2-17-58, § 33-74.)
Sec. 75. Initiation of change.
A proposed change of district or text may be initiated by
the city council on its own motion, or in recommendation by
the city planning commission, or by petition of at least a
majority of the property owners within the area proposed to
be changed. All petitions shall be in writing and shall specify:
(1) The nature and extent of the change desired; (2) reasons
for seeking the change; and, (3) the names and addresses of
the owner or owners of all property abutting and immediately
across the street from the property whose zoning is proposed
to be changed; provided, however, that if the petition involves
a change of more than twenty-five parcels of land, the provisions
of (3) above shall not be required. The petition and
all data pertaining thereto shall be filed in the office of the
clerk of the city council at least five (5) days prior to a regular
meeting of the council. The petition shall not be filed by
the clerk of the council until a fee of fifteen dollars ($15.00)
has been paid to the city for the advertising of such petition.
Once a petition for rezoning has been advertised for public
hearing, neither the planning commission nor the council shall
again consider a petition for the same property in whole or
in part within a period of one year from the date it was first
filed with the clerk of the council. (2-17-58, § 33-75; 10-19-64;
11-20-67; 6-7-71.)
Sec. 76. Procedure.
1. All proposed amendments to this ordinance shall be referred
to the planning commission for recommendation and
report prior to action thereon by the city council. The planning
commission shall hold at least one public hearing on
such proposed amendments and may make appropriate
changes in the proposed amendments as a result of such hearing.
Upon the completion of its work, the planning commission
shall present the proposed amendment to the city council,
together with its recommendations and any appropriate explanatory
materials deemed necessary by the planning commission.
The failure of the planning commission to report
within ninety days after the first meeting of the commission
after the proposed amendment has been referred to the
commission shall be deemed approval.
2. Before approving and adopting any amendment to this
ordinance, the city council shall hold at least one public hearing
thereon, after which the city council may make appropriate
changes or corrections in the proposed amendment; provided,
that no additional land may be zoned to a different
classification than was contained in the public notice required
by this section without an additional public hearing after
notice as required by this section. An affirmative vote of at
least a majority of the members of the city council shall be
required to amend any provision of this ordinance.
3. When public notice is required by this Appendix, the
planning commission shall not recommend nor the city council
adopt any plan, ordinance or amendment until notice of intention
to do so has been published once a week for two successive
weeks in some newspaper published or having general
circulation in the city; provided, that such notice for both
the planning commission and the city council may be published
concurrently. Such notice shall specify the time and place
of hearing at which persons affected may appear and present
their views, not less than five days nor more than twenty-one
days after final publication. The planning commission and
city council may hold a joint public hearing after public notice
as set forth hereinabove. If such joint hearing is held then
public notice as set forth above need be given only by the
city council.
When a petition for a change in a district classification is
filed with the clerk of the council, the petitioner shall on that
same date post a sign or signs as follows:
For one lot—one sign visible from the abutting street.
For two through ten contiguous lots—one sign at each
end of the lots sought to be changed, and there shall be at least
one sign visible from each abutting street.
For an entire subdivision of more than 10 contiguous
lots—two (2) signs posted adjacent to each street in the subdivision.
Such signs shall contain the following:
Application has been made to the city council to change
the zoning classification for this property from [OMITTED] to [OMITTED]
For information, call the city planning department.
Such signs shall be furnished by the building official and
shall be located so as to be clearly visible and readable from
the street.
Signs on each property shall not be deemed necessary to
adopt a new zoning district map for the city.
4. Except upon application of a property owner or his
agent, when a proposed amendment of this ordinance involves
a change in the zoning classification of twenty-five or less
parcels of land, then, in addition to the advertising as required
in the preceding paragraph, written notice shall be
given at least five days before the hearing to the owner or
owners, their agent or the occupant, of each parcel involved,
and to the owners, their agent or the occupant of all abutting
property and property immediately across the street or road
from the property affected. Notice sent by registered or certified
mail to the last known address of such owner, as shown
on the current real estate tax assessment books, shall be
deemed adequate compliance with this requirement.
5. Before any zoning amendment is granted to allow the
uses listed in section 72A(1), a sketch site plan must be
submitted to the clerk of the council along with the application
for zoning change. Such site plan shall contain the following:
Property lines.
All adjoining properties and their zoning classifications.
Location of existing building or buildings and proposed
building or buildings on the site with use of each building
indicated thereon.
Layout of off-street parking, indication of proposed curb
cuts, new curb and gutter, sidewalks, etc.
Landscaping and buffering details.
Adjacent streets, showing pavement widths.
Name and address of petitioner.
Name and address of owner. (2-17-58, § 33-76; 6-7-65,
§ 8; 11-21-66; 2-17-69; 7-26-71.)
