§ 9-121 — Amendment procedure

Sec. 9-121. - Amendment procedure.

Proposed amendments to this article shall be considered by the planning commission and by the mayor and city council. It is the function of the planning commission to consider prepared amendments, to collect information relative thereto by investigations or other means, and to conduct public hearings thereon, and to make recommendations to the mayor and city council. The ordinance can be amended only by the mayor and city council. (1) Amendment application. An amendment to this article may be initiated by the mayor and city council on its own motion by the city planning commission. An amendment may also be initiated by any person by filing a written application therefore with the building official. The application for amendment shall contain at least the following: a. Interest and ownership. The applicant's name, address and interest in the application, and the name, address and interest of every person represented by the applicant in the application; the names and addresses of all owners of adjacent property (exclusive of the width of intervening streets, alleys or bodies of water). b. Effect of amendment. A report giving the nature, description and effect of the proposed amendment. c. Error. The error in this article that would be corrected by the proposed amendment, if the intent is to correct an error. Upon receipt of an application for amendment, properly and completely made out, the building official shall examine the application and shall make such investigation as is necessary. He shall transmit the application, together with his report and recommendations, to the planning commission. (2) Planning disposition. Following receipt of an application from the building official, the planning commission shall hold a preliminary hearing thereon. After such preliminary hearing, the commission shall certify the application for public hearing. The planning commission shall fix a reasonable time for the public hearing and shall give public notice thereof by one (1) publication in a newspaper published or having general circulation in the city, which publication shall be made not less than fifteen (15) days prior to such hearing, as required by law, as well as appropriate notice to the applicant and to the building official. If it deems necessary, the commission may also notify the owners of surrounding property by mail as the names and addresses of such owners have been furnished by the applicant. The commission shall prepare a record of its proceedings for each case, showing the grounds for its recommendation. The record shall be filed in the office of the planning commission and shall be a public record; a certified copy of the records of proceedings shall be transmitted to the mayor and city council. (3) Legislative disposition. The mayor and city council shall examine all such applications, reports and recommendations transmitted to it and shall take such further action as it deems necessary and desirable to approve, disapprove, modify or remand to the city planning commission for further consideration. The mayor and city council shall restrict the hearing concerning an application to the record as made before the city planning commission.

(Ord. No. 1774, § 14.2, 9-8-87)