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ARTICLE 28. Amendments.
<br />
<br />Sec. 28.100. Purposes.
<br />The zoning map and zoning regulations may be amended by chang-
<br />ing the boundaries of any district, or by changing any district reg-
<br />ulation, off-street parking or loading facilities requirement, gen-
<br />eral provision, exception, or other provision thereof, in accord
<br />with the procedure prescribed in this article.
<br />
<br />See. 28,101. Initiation,
<br /> a. A change in the boundaries of any district may be initiated by
<br /> the owner or the authorized agent of the owner of the property
<br /> filing an application for a change in district boundaries as pre-
<br /> scribed in Sec. 28.103, (Application and Fee). If the property
<br /> for which a change of district is proposed is in more than one
<br /> ownership, all the owners or their authorized agents shall join
<br /> in filing the application.
<br /> b. A change in boundaries of any district or a change in a dis-
<br /> trict regulation, off-street parking or loading facilities require-
<br /> ment, general provision, exception, or other provision may be
<br /> initiated by resolution of the City Planning Commission or by
<br /> action of the City Council in the form of a request to the Com-
<br /> mission that it consider a proposed change, provided that in
<br /> either case the procedure prescribed in Secs. 28.103 through
<br /> 28.108 shall be followed.
<br /> c. A proposal for a change in district boundaries initiated by the
<br /> Commission or Council and one initiated by a property owner
<br /> for ail or part of the same area may be considered simul~a.n*
<br /> eously.
<br />
<br />Sec. 28.102. Change in Boundaries of C Districts.
<br />In order to ensure orderly and thorough planning and to avoid spec-
<br />ulative requests /or changes in the boundaries of C districts, no
<br />change in boundaries that would increase the area of the C district
<br />by more than two acres shall be initiated by a property owner un*
<br />less the property for which the change of district is proposed is in a
<br />PUD district at the time the change is initiated.
<br />
<br /> Sec. 28.103. Application and Fee.
<br />
<br /> 28.103.1. Data and Map to be Furnished.
<br /> A property owner desiring to propose a change in the bound-
<br /> aries of the district in which his property is located or his
<br /> authorized agent may file with the Zoning Administrator an
<br /> application iora change in district boundaries on a lorm pre-
<br /> scribed by the City Planning Commission and shall include the
<br /> following data and map:
<br /> a. Name and address of the applicant.
<br /> b. Statement that the applicant is the owner or the authorized
<br /> agent of the owner of the property for which the change in dis-
<br /> trict boundaries is proposed.
<br /> c. Address or description of the property.
<br /> d. An accurate scale drawing of tho site and the surrounding area
<br /> showing existing streets and property lines for a distance deter-
<br /> mined by the Zoning Administrator to be necessary to illustrate
<br /> the relationship to and impact on the surrounding area.
<br /> e. The Zoning Administrator may require additional information
<br /> or maps if they are necessary to enable the Commission to de-
<br /> termine whether the change is consistent with the objectives of
<br /> this ordinance. The Zoning Administrator may authorize omis-
<br /> sion of the map required by this section if it is not necessary.
<br />
<br /> 2S.103.2. Fee.
<br /> The application shall be accompanied by a fee established by
<br /> resolution of the City Council to cover the cost of processing
<br /> the application as prescribed in this article.
<br />
<br /> Sec. 28.104. Public Hearing.
<br /> The City Planning Commission shall hold at least one public hearing
<br /> on each application for a change in district boundaries and on each
<br /> proposal tora change in district boundaries or for a change of a
<br /> district regulation, off-street parking or loading facilities require-
<br /> ment, general provision, except, or other provision of this ordinauce.
<br /> ment, general provision, exception, or other provision of this ordi-
<br /> nance. The hearing shall be set and notice given as prescribed in Sec.
<br /> 1.109, (Public Hearing Time and Notice).
<br />
<br /> Sec. 28.105 Public Hearing: procedure
<br /> At the public hearing the City Planning Commission shall review
<br /> the application or the proposal and may receive pertinent evidence
<br /> as to why or how the proposed change is consistent with the objec-
<br />
<br />fives of this ordinance prescribed in Sec. 1.101, (Objectives).
<br />Sec. 28.106. Investigation and Report.
<br />The Zoning Administrator shall make an investigation of the appli
<br />cation or proposal and shall prepare a report thereon which shal
<br />be submitted to the City Planning Commission and made availabb
<br />to the applicant, if any, prior to the public hearing.
<br />
<br />Sec. 28.107. Action of Planning Commission.
<br />Within 40 days following the dosing of a public hearing the Cit'.
<br />Planning Commission shall make a specific finding as to whether th~
<br />change is consistent with the objectives of this ordinance prescribe~
<br />in See. 1.101, (Objectives), and shall recommend that the applicatio~
<br />be granted, granted in modified form, or denied, or that the proposs
<br />be adopted, adopted in modified form, or rejected.
<br />
<br />Sec. 28.108. Request for City Council Hearing on Denied Applicatim
<br />Within 15 days following the date of a decision of the City Phi
<br />ning Commission recommending denial of an application for
<br />change in district boundaries, the applicant may request a hearin
<br />by the City Council.
<br />
<br /> Sec. 28.109. Action of Cit~ Council.
<br /> The City Council shall hold at least one public hearing on an appl
<br /> cation or a proposal within 40 days after receipt of the resolutio
<br /> or report of the City Planning Commission, provided that no hearth
<br /> shall be held on an application for a change in district boundari(
<br /> that the Commission has recommended be denied unless a reque:
<br /> is received by the Council as prescribed in Sec. 25.10~, and no hca
<br /> lng shall be held on a proposal initiated by the Commission that t?
<br /> Commission has recommended be rejected, unless the Council sba
<br /> elect to give the proposal further consideration. The hearing shs
<br /> be set and notice given as prescribed in Sec. 1.109, (Public Hea
<br /> ing Time and Notice). Within 40 days following the closing of
<br /> public hearing the Council shall make a specific finding as to whetl
<br /> er the change is consistent with the objectives of this ordinam
<br /> prescribed in Sec. 1.101, (Objectives). If the Council finds that ti
<br /> change is consistent, it shall enact an ordinance amending the
<br /> lng map or anordinance amending the regulations of this ordinanc
<br /> whichever is appropriate. If the Council finds that the change
<br /> not consistent, it shall deny the application or reject the propos~
<br /> The Council shall not modify a decision of the Commission reco~
<br /> mending granting of an application or adoption of a proposal un~
<br /> it has requested and considered a report of the Commission on ti
<br /> modification. Failure of the Commissio~ to report within 30
<br /> after receipt of the Council request shall be deemed concurrenc(
<br />
<br /> See. 28.110. Change of Zoning Map.
<br /> A change in district boundaries shall be indicated on the zoning m:
<br /> with a notation of the date and number of the ordinance amendi~
<br /> the map.
<br />
<br /> Sec. 28, IlL New Application.
<br /> Following the denial of an application for a change in district bou~
<br /> aries, no application for the same or substantially the same ehan
<br /> shall be filed within one year of the date of denial of the applicatic
<br />
<br /> Sec. 28.112. Prezoning of Unincorporated Territory.
<br /> Prezoning of unincorporated territory adjoining the city may be
<br /> itlated as prescribed in Sec. 28.101.b, (Initiation), for the purpc
<br /> of determining in which zoning districts it should be classified
<br /> the event of subsequent annexation to the City. An ordinance des
<br /> noting zoning districts in unincorporated territory shall become
<br /> fective at the same time that annexation becomes effective.
<br />
<br /> Sec. 28.113. Unzoned Territory.
<br /> Ali property which becomes unzoned through abandonment of
<br /> public street, alley, or railroad right of way shall be classified
<br /> the same zoning district as adjoining property if all adjoining pn
<br /> erty is in the same district, or if this condition does not exist,
<br /> the S district. Ail territory which is annexed to the City and whi
<br /> has not been prezoned shall be classified in the S district. Witf
<br /> 60 days the City Planning Commission shall make a study of t
<br /> territory to determine in which zoning district it should be classili
<br /> in order to carry out the objectives of the zoning regulations p
<br /> scribed in Sec. 1.101, (Objectives). If the Commission finds thai
<br /> change of district is required, it shall initiate the change as p
<br /> scribed in Sec. 28.101.b, (Initiation). The owner of annexed pr,
<br /> erty or the authorized agent of the owner may file an applicati
<br /> for a change in district as prescribed in Sec. 28.101.a.
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