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HomeMy WebLinkAboutOrdinance 1041Section 1: ORDINANCE NO. 1041 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS Section 9.105(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 9.105(4) Amendments of Zoning Ordinance 'The Council may from tlme to time by k/5 vote of the entire Council, adopt amendments to this Ordinance. (a) Initiation for Amendment: The Council or Commission may, upon their own motion, Initiate a request toamend the text or the districting map of this Ordinance. Any person owning real estate may petition the Council to amend the district boundaries so as to affect his real estate or a larger parcel which Includes said real estate. (b) Application for Amendment: All applications for amendments which are initiated by the petition of o~ners of property or residents shall be filed with the Zoning Administrator. When said application involves the changing of zoning districts and boundaries thereof it shall be accompanied by a map or plat showing the lands proposed to be changed and a]l lands within 300 feet of the boundaries of the property proposed to be rezoned, together with certified ]Ist of names and addresses of the owners of ]ands in such area. For the purpose of determining the names and addresses for such a list any appropriate records may be used. (c) Referral to the Commission: All petitions for amendments shall be referred to the Commission which shall hold an official public hearing within 60 days of the date of fillng such petition. (d) Hearing: The Zoning Administrator shall cause to be published, a notice of public hearing in the officlal newspaper at least 10 days but not more than 30 days prior to the date of the hearing. (e) ~.ctlon by the Commission: If the request is for a district change, notices shall be mailed to the owners of property within 300 feet of the property or of the boundaries of contiguous property owned or appreciably controlled by the owner of the property proposed to be rezoned as shown on the certified list. A copy of the notice and a llst of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator or his dele- gated responsible person and shall be made a part of the records of the proceedings. Failure to a property, owner to receive notice shall not inva]idate any such proceedings as set forth within this Ordinance. (f) Action by the Council: The Council shall, upon receiving the recommendation of the Plannlng Commission, place such request on the agenda of a regular meeting for consideration of a first reading. The second reading of the request to amend the text or the dlstrlct map of this Ordinance shall constitute a public hearing. A notice of the time, place, and purpose of the publlc hearing shall be published in the official newspaper of the City at least ten days prior to the day of the hearing. Similar notice shall be mailed.to the cxvners of property within 300 feet on the certified Ilst. Fallure of a property o~ner to receive notice shall not invalidate any proceed- ings as set forth within this Ordinance. Notification to the applicant shall be made of the Council's action, unless applicant agrees to a continuance. Chan~e of Zone Limitations: Once a request for change of zones has been filed and acted on by the Council, the same request cannot be applied for until 6 months time has elapsed from Council action:' shall hereafter read as follows, to-wit: 9.105(4) Amendments of Zoning Ordinance (a) Initiation for Amendment: The Council or Commission may, upon their c~vn mot{on, Initiate a request to.amend the text or the districting map of this Ordinance. Any person o~ning real estate may petition the Council to amend the district boundaries so as to affect his real estate or a larger parcel which Includes said real estate. (b) Application for Amendment: A11 applications for amendments which are initiated by the petition of o~ners of property or residents shall be filed with the Zoning Administrator. When said applicatlon involves the changing of zoning districts and boundaries thereof it shall be accompanied by a map or plat showing the lands proposed to be changed and a11 lands within 300 feet of the boundaries of the property proposed to be rezoned, together with certified list of names and addresses of the owners of lands in such area. For the purpose of determining the names and addresses for such a list any appropriate records may be used.. (c) Referral to the Commission: All petitions for amendments shall be referred to the Con~isslon which shall hold an official public hearing within 60 days of the date of flllng such petition. (d) Hearing: The Zoning Administrator shall cause to be published, a notice of public hearing in the officlal newspaper at least 10 days but not more than 30 days prior to the date of the hearing. (e) Action by the Commission: If the request is for a district change, notices shal! be mailed to the owners of property within 300 feet of the property or of the boundaries of contiguous property owned or appreciably controlled by the owner of the property proposed to be rezoned as shown on the certified list. A copy of the notice and a list of the o~ners and addresses to which the notice was sent sba1! be attested to by the Zoning Administrator or his dele- gated responsible person and shall be made a part of the records - 2- (f) (~) of the proceedings. Fallure to a property owner to receive notice shall not Invalidate any such proceedings as set forth within this Ordinance. Action by the Council: The Council shall, upon receiving the recommendation of the Plannlng Commission, place such request on the agenda of a regular meeting for consideration of a first reading. The second reading of the request to amend the text or the district map of this Ordinance shall constitute a public hearing. A notice of the time, place, and purpose of the public hearing shall be published in the official newspaper of the City at least ten days prior to the day of the hearing. Similar notice shall be mailed.to the owners of property within 300 feet on the certified list. Failure of a property owner to receive notice shall not invalidate any proceed- ings as set forth within this Ordinance. Notification to the applicant shall be made of the Council's action, unless applicant agrees to a continuance. Chan~e of Zone Limitations= Once a request for change of zones has been fi]ed and acted on by the Council, the same request cannot be applied for until 6 months time has elapsed from Council action. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: June 13, 1983 June 27, 1983 June 27, 1983 Offered by: Seconded by: Roll call: Norherg Hov 1 and Hovland, Petkoff, Nawrock i ---aye Norbe rg ,/~Hen tge s--nay Bruce G. Na~£oc--kI, Mayor //~Anne Student, Seere y to the Council -3-