A. Initiation, Application, And Notice: The regulations imposed and the districts created by this title may be amended from time to time by the city council.
1. Initiation Of Amendment: An amendment may be initiated by a motion of the city council, planning and zoning commission, or by the filing of an application for such action signed by the property owners within the area to be changed by the proposed amendment.
2. Application For Amendment: An application for an amendment to the zoning district classification, to the text regulations, or a request for a PUD, shall be filed with the city clerk in such form and accompanied by such information as required by the city council and the planning and zoning commission. Each application seeking a change shall, at the time of filing, contain or be accompanied by all required information.
3. Public Notification Of District Reclassification:
a. City To Provide Signs; Fee: The city clerk or person designated by the city clerk, shall provide each applicant requesting a change to the official zoning map with at least two (2) rezoning notification signs containing the date, time, and place of the planning and zoning commission meeting. Said signs shall be clearly posted by the applicant on the property for which the request has been made. On large parcels, additional signs may be required to be posted. At least one sign must be placed so that it may be seen from a street, and in the case of through lots and/or corner lots, a sign shall be posted on both frontages. When a property is in the interior of a block or tract of land, additional signs may be required to be posted adjacent to and facing the surrounding properties. For each sign provided, the applicant shall pay a fee in an amount established, from time to time, by the city council by resolution.
b. Posting Of Notification Signs: Notification signs shall be posted at least ten (10) days before the planning and zoning commission meeting which said dates shall be noted on the sign. It shall be the applicant's responsibility to see that said signs remain posted during the entire ten (10) -day period. If the signs are not posted in accordance with the preceding requirements, the planning and zoning commission may delay action on the petition, except that if the applicant satisfies the commission that the signs were initially posted at least ten-days prior to the commission meeting and that the applicant made diligent efforts to keep the signs posted during the entire period, and that only circumstances beyond the applicant's control prevented a continuous posting, then the commission may act on the petition.
c. Courtesy Notices To Adjoining Property Owners: Notices stating the petitioner's request, the general location of the property involved, and date and location of the commission's public meeting shall be sent by the planning coordinator, at least five (5) days prior to the meeting date, to all property owners within two hundred feet (200') of the perimeter of the property requested to be reclassified. For DCA rezoning requests, all owners of property included in the DCA conceptual plan shall also be sent a courtesy notice, as required in Subsection 11-15-13D of this section below. Such notices shall be sent by ordinary mail with postage prepaid.
4. Action At Other Than Specified Times: If the commission is to initially act on the petitioner's request at any time other than that specified on the rezoning notification signs, the petitioner may be required to obtain and post new signs with new dates.
5. Removal Of Signs: Signs required to be posted pursuant to this section must be removed within seventy two (72) hours after the hearing date listed on the sign.
6. Notice Pf Public Hearing: Notice of public hearing to be conducted by the body holding the hearing and the time and place thereof shall be published at least once not less than seven (7) days prior to the date fixed for such hearing in a Scott County publication having a general circulation in the city.
B. Hearings By City Planning And Zoning Commission On Proposed Amendments; Report To City Council; Hearings By City Council: All applications for amendment of the ordinance shall first be submitted to the city planning and zoning commission, who will hold a public hearing in relation to the proposed amendment. At the public hearing, citizens shall have an opportunity to be heard. The planning and zoning commission shall then make a recommendation to the city council. The city council may adopt, reject, or send back to the planning and zoning commission's recommendation after a public hearing before the city council. The planning and zoning commission and city council shall find that the project adequately addresses the following concerns:
1. The rezoning conforms to the future land use map in the comprehensive plan, as described in the Preamble and further in subsection A-1-3 of Appendix 1.
2. The amendment is consistent with the goals and objectives of the comprehensive plan.
3. The subject property, after the city council approval of the requested rezoning, will be designed so as to permit characteristics of said zoning district that will not negatively impact the nearby parcels.
4. The potential externalities and applicable performance standards requirements governing factors (such as noise, neon lights, odors, etc.) of the rezoning request have been adequately considered.
5. There are adequate public utilities and services available to the land if rezoned. If not, there is an identified party who will pay to install them.
6. The pattern of development that has occurred surrounding the subject property is examined, as other characteristics of the subject property are considered, to make a determination regarding a request for an amendment change.
7. The proposed amendment is in the public interest and not solely in the interests of the applicant.
C. Procedures. Applications requesting a change in the zoning district boundaries as shown on the official zoning district map shall be filed with the zoning administrator, accompanied by a fee set by resolution of the council, and shall contain the following information:
1. Non-DCA Zoning Districts:
a. The legal description and local address of the property.
b. The present zoning classification and the zoning classification requested for the property.
c. The existing use and proposed use of the property.
d. The names and addresses of all the owners of all property within two hundred feet (200') of the property for which the change is requested.
e. A statement of the reasons why the applicant feels the present zoning classification is no longer valid.
2. DCAs:
a. The legal description and local address of the property.
b. The present zoning classification and the zoning classification requested for the property.
c. The existing use of the property.
d. A DCA conceptual land use plan, encompassing an area of not less than twenty (20) acres, including the following information:
(1) Specific Land Uses Proposed By Subareas: This includes designation of areas of single-family, bi-attached, duplex, townhouse, and apartment residential development; commercial; and industrial uses. Subareas where a mixture of uses are proposed shall be specifically designated and described.
(2) Proposed Intensities Of Development: Specific ranges of dwelling units per acre shall be indicated for each proposed residential land use. Types of proposed commercial uses (retail, service, office) shall be indicated. Proposed floor area ratios for commercial subareas, as well as maximum building square footages, shall be included. Industrial use areas shall include the range of permitted uses, using the use-type categories from Chapter 2 of this title.
(3) Circulation: A general street plan indicating locations of all proposed arterial and collector streets, as well as proposed trails and sidewalks.
(4) Natural Resource Areas: Location of existing natural resource areas, as identified on the Bettendorf Comprehensive Plan, Figure 1.3 Development Suitability Map. Concept plan shall indicate how these sensitive environmental conditions will be accommodated in the proposed development, consistent with comprehensive plan goals.
(5) Stormwater: A strategy for stormwater management for the entire concept plan area shall be included. This strategy shall include text indicating the proposed components of the stormwater management plan, general project site drainage map, and general locations of proposed facilities such as storm water retention or detention ponds.
(6) Architectural Design: Descriptions and/or examples of the architectural character of proposed land uses, including range of unit square footages for residential uses and typical elevations for commercial and industrial uses.
(7) Land Use Compatibility: A description of how land use compatibility in transition areas will be dealt with. See site plan ordinance in Appendix 1 of this code for descriptions of compatibility issues and a list of mitigating actions.
(8) Landscaping: A general plan for the inclusion of landscaping and open space in the project area, with specific requirements for multi-family, commercial, and industrial proposed developments.
D. Notice To Owners Of Property Included Conceptual Plan: If all of the land included in the DCA conceptual plan is not owned by the applicant, all the owners of property covered by the conceptual plan will be sent notice indicating their land is so impacted.
E. Council Consideration: Prior to the adoption of an ordinance amending and changing the regulations and districts created by this title, the council shall consider the report and recommendation of the commission.
F. Failure Of Amendment Or Written Protest By Property Owners: In case the commission does not approve the proposal or in case of a protest against such change signed by twenty percent (20%) or more of one or more of the following groups:
1. Property owners of the lots included in such proposed change;
2. Property owners immediately adjacent in the rear thereof extending the depth of one lot or not to exceed two hundred feet (200') therefrom (excluding street right-of-way);
3. Property owners immediately adjacent in the front thereof extending the depth of one lot or not to exceed two hundred feet (200') therefrom (excluding street right-of-way);
4. Property owners immediately adjacent to any and all sides (including the front and rear sides) of the proposed change extending one lot or not to exceed two hundred feet (200') therefrom (excluding street right-of-way);
5. Such amendment shall not become effective except by the favorable vote of at least three-fourths of all the members of council.
G. Filing Fee: Any petition or request for an amendment to this title, except by the commission, board, or council, shall be accompanied by a filing fee of one hundred dollars ($100.00) for ten (10) acres or less and two hundred dollars ($200.00) for ten and one-hundredth (10.01) acres or more, shall be paid to the city clerk at the time the petition is filed, which the city clerk shall forthwith pay to the city treasurer to the credit of the general revenue fund of the city, no part of which shall be returnable to the petitioner.
H. Time Period Limitation: A petition of request for amendment to this title shall not be accepted for processing for a particular change or for an individual parcel of property until a period of at least three years shall have passed since that same change or same property was denied. However, the petition may be accepted before the elapsed three-year period, if it can be shown that either:
1. Conditions in the area have substantially changed; or
2. A larger parcel of property, including the previously petitioned for parcel, is involved; or
3. The request is for a different zoning classification; or
4. The request is for a planned unit development. (Ord. 35-17, 10-17-2017)