§ XII. Change in zoning district classification

A. Initiation and procedures for change in zoning classification.

1. A proposed change in a zoning district classification may be initiated by a letter of request by one or more owners or lessees of property within the area proposed to be changed. Such a letter shall be addressed to the planning and zoning commission and shall be filed with the secretary of the planning and zoning commission not less than 48 hours prior to a regular monthly meeting.

2. The applicant for the change shall file an application for a change in zoning classification on forms provided by the planning and zoning commission, which shall schedule the same for a public hearing before the commission not less than 30 days and not more than 90 days from the date of filing. The commission shall publish a notice of the time and place of the public hearing on the proposed change in zoning district classification, which notice shall be published at least once, not less than 15 days preceding the date of such hearing, in an official paper or a paper of general circulation in Doniphan; said notice shall contain description of property and change proposed. The planning and zoning commission shall give or cause to be given such additional notice of such hearing to interested persons and organizations as it shall deem feasible and practicable.

3. The planning and zoning commission shall conduct the public hearing on the proposed change in zoning classification.

4. Following the public hearing, the proposed change in zoning classification may be approved as presented or in modified form by a majority vote of the planning and zoning commission and recommended for adoption by the city council, with reasons for such recommendation stated in writing.

5. The city council, by majority vote, may by ordinance adopt the recommended amendment submitted by the planning and zoning commission. If the city council does not concur with the recommendation of the planning and zoning commission, the city council shall return the recommendation to the planning and zoning commission for further study and report. After resubmission of the recommendation, the city council may, by majority vote, accept, reject, or modify the recommendation pertaining to the proposed change in zoning classification.

6. If the planning and zoning commission disapproves a proposed change in zoning classification, notice of disapproval with the reasons for such disapproval shall be given in writing to the petitioner within 15 days from the date of the decision.

7. Following disapproval of a proposed change in zoning classification by the planning and zoning commission, the petitioner may appeal such disapproval to the city council, provided that the petitioner states specifically in writing to the city clerk why he considers the planning and zoning commission's findings and decisions to be in error. Such appeal shall be filed with the city clerk within 15 days of receipt of notice of the planning and zoning commission's action.

B. Resubmission of application. No application for change of zoning for a given property may be resubmitted within 12 months from the date of the action by the planning and zoning commission unless the planning and zoning commission finds that a substantial reason exists for waiving this limitation.

C. Fee. Applications shall be accompanied by a filing fee of $10.00 to assist in defraying general expenses in connection with the application for a change in zoning.