1. Council’s Authority. The Council may from time to time, on its own action or on petition, after public notice and hearings as provided by law, and after a report by the Plan and Zoning Commission, amend, supplement or change the boundaries or regulations in this Zoning Ordinance or subsequently established, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the Council.
2. Additional Notices; Public Notification Signs. Any person who requests a land use plan amendment or rezoning of property shall cause to be erected at all of the street frontages of the property a public notification sign, stating a notification message as prescribed by City staff, and intended to inform the public of the proposed change and the time and place of the hearing on said change. Public notification signage will be black letters on a white sign board and will be installed in accordance with the following minimum standard:
Speed Limit | Lettering | Number of Signs on Each Street Frontage | Minimum Size |
20 MPH to 35 MPH | 3 inches | one per 300 feet | 2' x 2' |
36 MPH and greater | 6 inches | one per 1,000 feet | 4' x 8' |
Such public notification signs shall be erected no less than seven days before the hearing before the Plan and Zoning Commission, and shall remain in place until the final hearing before the City Council. It shall be the responsibility of the property owner to ensure that the signs are erected and maintained to be visible from the street rights-of-way in accordance with the provisions of this section. The failure on the part of the property owner to erect and maintain the public notification signs may be considered by the Commission and Council, along with all other facts and circumstances, in determining whether the request for rezoning shall be granted. The property owner shall remove the signage within seven days of the date of the final action on the rezoning or land use plan amendment by the City Council. Any person who removes a public notification sign erected by the property owner, without the property owner’s consent, shall be guilty of a misdemeanor.
3. Petition Requirements. Whenever any person desires that any amendment or change be made in this Zoning Ordinance, or any change of district boundaries, as to any property in the City, and there is presented to the Council a petition requesting such change or amendment which clearly describes the property and its boundaries for which the change or amendment is desired, duly signed by the owners of fifty percent 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 sixty percent of the area of all real estate lying outside of said tract but within 250 feet of the boundaries thereof, intervening streets and alleys not to be included in computing such 250 feet, it shall be the duty of the Council to vote upon such petition within a reasonable time after the filing of such petition with the City Clerk.
4. Amendment; Waiver. Notwithstanding the provisions of Sections 192.06(4) and 192.08(6), of this Zoning Ordinance, if the amendment proposes a change in the zoning classification to an R-3A or R-5 zoning district, the site plan or development plan requirements of such zoning district shall be deferred if such zoning change is Council-initiated under the provisions of subsection 1 of this section. Provided, further, any person requesting the change to the R-3A, or R-5 zoning district may request the Plan and Zoning Commission to defer requirements for presenting a site plan and/or development plan at the time of filing of the petition for rezoning. The Plan and Zoning Commission may thereupon recommend a deferral of the requirements of Sections 192.06(4) and 192.08(6) subject to the approval of the Council. If the requirements of a site plan and/or development plan have been deferred under the provisions of this section, the following provisions shall apply:
A. Unplatted Property. If the rezoning action covers unplatted land, the site plan and/or development plan must be submitted to and approved by the City Council prior to approval of the final plat.
B. Platted Property. In the event that the rezoning action covers property which has been previously platted, no building permits shall be granted within such zoning district until the site plan and/or development plan have been submitted to and approved by the City Council.
C. Site Plan Requirements. In the event that the required site plan and/or development plan have been deferred under this section, all requirements of the applicable zoning district pertaining to such plans, including the requirements for notice and hearing, shall be observed at the time of submission of such plan prior to final Council approval.
5. Re-filing. In case the proposed amendment, supplement or change is disapproved by the Plan and Zoning Commission, or a protest is presented duly signed by the owners of twenty percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot not to exceed 200 feet therefrom, or of those directly opposite thereto, extending the depth of one lot not to exceed 200 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of at least four-fifths of all members of the Council. Whenever any petition for amendment, supplement or change of the zoning or regulations contained in this Zoning Ordinance or subsequently established has been denied by the Council, then no new petition covering any of the same property or the same property and additional property shall be filed with or considered by the Council until one year has elapsed from the date of the filing of the first petition.
6. Filing Fees. Before any action shall be taken as provided in this Zoning Ordinance, the owner or owners of the property proposed or recommended to be changed in the zoning district regulations or zoning district boundaries shall pay a fee as established by City Council Resolution.
(Chapter 196 amended by Ord. 1651 – Apr. 10 Supp.)