The board of commissioners may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter.
(1966 Code, § 32-19)
Before taking action on any proposed amendment, supplement or change:
(a)
The board of commissioners shall submit the proposed revision to the planning and zoning commission for its recommendations and report.
(b)
The planning and zoning commission shall make a preliminary report and hold public hearings thereon before submitting its final report.
(c)
Before the tenth day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by section 138-58.
(d)
An official sign measuring one and one-half feet by two feet with the words "NOTICE OF REZONING FOR THIS PROPERTY" in letters not less than one and one-half inches in height shall be posted in the front of the property in public view not less than ten days before the date of the public hearing. An official sign measuring four feet by four feet with proportionally larger letters shall be required for commercial and industrial zoning requests. The zoning case number and city web address shall be included on the official sign. Said signs shall not be posted within the 25-foot sight obstruction easement for corner lots or driveways entrances or exits. The planning and zoning commission shall determine the location of official signs for public hearing notice for city initiated rezoning or initial zoning prior to commencement of public notification procedures.
(1966 Code, § 32-20; Ordinance 2005-87, § 1, adopted 10/24/2005; Ordinance 2008-82, § I, adopted 11/24/2008)
After receipt of the final report from the planning and zoning commission, a public hearing shall be held by the board of commissioners before adopting any proposed amendment, supplement or change. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the municipality.
(1966 Code, § 32-21; Ordinance 2008-82, § II, adopted 11/24/2008)
In all cases in which the board of commissioners deems it feasible and practicable to do so, public hearings provided for in this chapter to be held before the planning and zoning commission and the board of commissioners, respectively, may be held jointly before such commissions, and the board of commissioners shall not take final action until it has received the final report of the planning and zoning commission.
(1966 Code, § 32-22)
(a)
In case of a written protest against any change in zoning, signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the board of commissioners of the city.
(b)
A vote of three-fourths of the members of the board of commissioners, including the mayor, that are present and voting at the properly noticed public hearing, is required to overrule a recommendation of the planning and zoning commission that the proposed amendment, supplement or change be denied.
(c)
At the option of the applicant, his request for a change in zoning shall be heard by the full board of commissioners.
(1966 Code, § 32-23; Ordinance 2016-51, § I, adopted 8/8/2016)
The city planning and zoning commission, with the concurrence and approval of the board of commissioners, shall determine and set forth a fee schedule which is on file in the city secretary's office for the purpose of recovering the administrative costs of processing zoning and subdivision requests and the public hearings called for by this chapter. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant's ability to seek a hearing and/or generate revenue for other than recovery of actual administrative costs incurred by the city.
(1966 Code, § 32-25)