1. The Council may, from time to time, on its own action or on petition, amend, supplement, or change the boundaries or regulations herein or subsequently established. However, no such amendment, supplement, restriction, change of boundaries, or regulations shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The notice of the time and place of the hearing shall be published as provided in Section 362.3 of the Code of Iowa, except that at least seven (7) days notice must be given and in no case shall the public hearing be held earlier than the next regularly scheduled Council meeting following the published notice. The notice shall be published in a paper of general circulation in the City. In addition to the notification requirements above, signs shall also be erected as per subsection 5 below. Such amendment, supplement, or change shall not become effective except by a favorable vote of a majority of all of the members of the Council. In case, however, of a written protest against a change or repeal which is filed with the Clerk and signed by the owners of 20% or more of the area of the lots included in the proposed change or repeal, or by the owners of 20% or more of the property which is located within two hundred feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all of the members of the Council. The provisions of Section 414.4 of the Code of Iowa relative to public hearings and official notice apply equally to all changes or amendments.
(Ord. 8-15-05#5 [188] – Dec. 05 Supp.)
2. Whenever any person desires that any amendment or change be made in this Zoning Code, including the text and/or map, as to any property in the City, and there shall be presented to the Council a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of fifty percent (50%) of the area of all real estate included within the boundaries of said tract as described in said petition, and in addition, duly signed by the owners of fifty percent (50%) of the area of all real estate lying outside of said tract but within two hundred (200) feet of the boundaries thereof (intervening streets and alleys not to be included in computing such two hundred [200] feet) it shall be the duty of the Council to vote upon such petition within ninety (90) days after the filing of such petition with the Clerk.
3. Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the Clerk the sum of ten dollars ($10.00) to cover the approximate costs of this procedure and under no conditions shall said sum or any part thereof, be refunded for failure of said amendment to be enacted into law.
4. Whenever any petition for an amendment, supplement, or change of the zoning regulations herein contained or subsequently established shall have been denied by the Council until one (1) year shall have elapsed from the date of the filing of the first petition.
5. For any person, firm, or corporation who requests a hearing before the Planning and Zoning Commission, a notification sign shall be erected at all of the street frontages of the property. The notification sign will be provided by the City and the message will be as prescribed by the Community Development Director, and intended to inform the public of the proposed item and the time and place of the hearing on said item. Such signs shall be installed by the City, no less than ten days before the hearing of the Planning and Zoning Commission and shall remain in place until the final hearing before the City Council. Any person who removes a sign erected by the City without consent, shall be guilty of a misdemeanor.
(Ord. 8-15-05#5 [188] – Dec. 05 Supp.)