The City Council may, from time to time, on its own motion,
or on petition, or on recommendation from the Planning Commission,
amend the regulations and districts established under this chapter
after public notice and hearing in each case. All proposed amendments
of the regulations or districts herein established shall be filed
in writing in a form required by the City Council.
Every proposed amendment, unless initiated by the Planning Commission,
shall be referred to the Planning Commission. The Planning Commission
shall report in writing its recommendations thereon to the City Council,
accompanied by a full statement of the reasons for such recommendations,
prior to the public hearing. If the Planning Commission fails to report
within a period of 90 days from the date of receipt of notice or such
longer time as may have been agreed upon by it and the City Council,
the City Council may act without such report. If the Planning Commission
recommends disapproval of the proposed amendment, or recommends modification
thereof, the City Council shall not act contrary to such disapproval
or recommendation except by the adoption of a resolution fully setting
forth the reasons for such contrary action.
Wherever the owners of 50% or more of the frontage in any district
or part thereof shall present a petition duly signed and acknowledged
to the City Council requesting an amendment, supplement, change or
repeal of the regulations prescribed for such district or part thereof,
it shall be the duty of the Council to vote upon said petition within
90 days after filing of the same by the petitioners with the City
Clerk.
The City Council, by resolution, shall fix the time and place
of the public hearing and cause notice to be given as follows:
A. By publishing notices of the proposed amendment and the time and
place of the public hearing in a newspaper of general circulation
in the City, not less than 10 days prior to the date of public hearing.
B. By giving written notice of hearing to any required municipal, county,
regional, metropolitan, state or federal agency in a manner prescribed
by law.
If a protest against the proposed amendment is presented to
the City Council, duly signed and acknowledged by the owners of 20%
or more of the area of land included in such proposed amendment, or
by the owners of 20% or more of the area of land immediately adjacent
extending 100 feet therefrom, or by the owners of 20% or more of the
area of land directly opposite thereto extending 100 feet from the
street frontage of such opposite land, such amendment shall not be
passed except by the favorable vote of at least a 3/4 majority of
the City Council.
The City Council shall set the public hearing as required and
shall render its decision within 120 days of the receipt of the Planning
Commission's report. If the City Council deems it advisable, it may
require, as a condition for approval of the amendment, that the amended
area be put to use within a reasonable length of time.
The City Council shall notify the applicant for an amendment
of its decision in writing within five days after the decision has
been rendered.