Whenever the public health, safety and general welfare warrants,
the city council may by ordinance after report thereon by the planning
commission and subject to the procedures provided in this chapter,
amend, supplement, or change the regulations for zoning of property
now or hereafter established by this title. An amendment or rezoning
may be initiated by the planning commission, the city council, or
by a petition of property owners or authorized agents of such owners.
(Prior code § 30-505)
Petitions for rezoning of property shall be filed with the planning
department upon such forms and accompanied by such data and information
as may be prescribed for that purpose by the planning commission.
(Prior code § 30-505. 1; Ord. 631 Exh. A, 1989)
A. Upon
the initiation or filing of such petition for rezoning or upon the
initiation of procedure for an amendment, the same shall be set for
hearing before the planning commission by the planning director.
B. Notice
of the time, place and purpose of such hearing shall be given by the
following method:
1. In
connection with the hearing on the amendment of the text of this title,
at least one publication in the official newspaper of the city not
less than ten days prior to the date of the hearing.
2. In
connection with a hearing on a proposed rezoning of property by publication
of at least one notice in the official newspaper of the city not less
than five days prior to the date of the hearing. At least five days
before the hearing of said rezoning a notice of said hearing may be
mailed to the petitioners and to owners of property whose names have
been committed by the petitioner and whose names may be on record
for the purpose of receiving notices of those properties which are
within two hundred feet of the property proposed to be rezoned.
(Prior code § 30-505.2; Ord. 631 Exh. A, 1989)
A. Any
persons dissatisfied with any action of the planning commission on
an amendment or rezoning may appeal therefrom to the city council
at any time within ten days after rendition of the decision of the
planning commission. The appeal is taken by filing a notice of appeal
with the city clerk and a copy thereof with the planning commission.
Upon filing of notice of appeal, the planning director must, within
ten days, transmit to the city clerk all exhibits, notices, affidavits,
orders and other papers and documents on file with the planning commission,
together with the report of the commission.
B. The
city council shall hold a hearing upon said appeal after mailing written
notice to the appellant and by causing a notice thereof to be published
in at least one regular issue of the official newspaper of the city
at least ten days prior to said hearing by the city council.
C. If
the report and recommendation of the city planning commission shall
be unfavorable to the proposed amendment or rezoning, no such amendment
or rezoning shall be adopted without four members of the city council
voting in its favor.
D. Before
making any change in any recommendation of the planning commission
on an amendment or rezoning, the city council shall refer the matter
back to the commission for their review and report.
E. Upon
the completion of proceedings before the city council all documents
and records filed with the city clerk by the director of public works
shall be returned to the planning commission office for filing.
(Prior code § 30-505.5; Ord. 631 Exh. A, 1989)
The planning commission or the city council at their discretion
may permit the withdrawal of any petition or appeal filed under this
chapter. The planning commission or the city council may abandon any
proceedings for an amendment or rezoning initiated by itself. Withdrawal
of any petition or appeal shall terminate all proceedings in reference
thereto.
(Prior code § 30-505.6)
If a petition for rezoning is denied by either the planning
commission or the city council, another petition for reclassification
of the same property or any portion thereof shall not be filed for
a period of one year from the date of final denial except with the
permission of the planning commission or upon initiation by the planning
commission or city council.
(Prior code § 30-505.7)