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A. The Zoning Advisory Commission shall concern itself with short range physical planning and shall have and possess the following powers, duties and responsibilities:
1. To prepare and recommend a zoning ordinance by exercising the powers conferred by State law. Such zoning ordinance shall include the boundaries of the various zoning districts; the height, number of stories and size of buildings and other structures in each district; the percentage of ground that may be occupied; setback requirements; the size of yards, courts and other open space; the density of population; the location and use of buildings, structures, and land for trade, industry, commercial, residential or other purposes; and such regulations and restrictions necessary to enforce such zoning provisions. To this end the Zoning Advisory Commission shall prepare a preliminary zoning ordinance and hold public hearings thereon and after such hearings have been held, shall submit a final zoning ordinance and its recommendations to the City Council.
2. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications to the zoning ordinance but only after a public hearing.
3. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of the Zoning Advisory Commission are consistent with the comprehensive plan and are necessary to carry out the purposes of the commission.
4. To make recommendations to the City Council upon plans, plats or replats of subdivisions or resubdivisions within the City which show streets, alleys or other portions of the same intended to be dedicated for public use.
5. To make recommendations to the Long Range Planning Advisory Commission on the preparation and maintenance of the comprehensive plan.
6. To fulfill those duties and responsibilities assigned to a City Planning Commission in State law.
7. To undertake from time to time other specific short range planning projects which may be referred to it by the City Council.
B. The City Council shall have the authority to establish or revise the priorities of the commission. (Ord. 52-09, 10-19-2009)
A. The Zoning Advisory Commission shall choose annually, at its first regular meeting of the fiscal year, one of its members to act as Chairperson, and another of its members to act as Vice Chairperson, to perform all of the duties of the Chairperson during the Chairperson's absence or disability. The commission shall adopt such rules and regulations governing its operation and procedure as may be deemed necessary.
B. Meetings of the Zoning Advisory Commission shall be held the first Wednesday of the month or at the call of the Chairperson and at such other times as the commission may determine.
C. Members of the Zoning Advisory Commission shall attend at least two-thirds (2/3) of all regularly scheduled meetings within any twelve (12) month period. If any member fails to attend such prescribed number of meetings, such failure shall constitute grounds for the commission to recommend to the City Council that said member be replaced. Attendance of all members shall be entered on the minutes.
D. All meetings shall be held in conformance with the provisions of the Iowa Open Meetings Law.
E. The Zoning Advisory Commission shall file with the City Clerk a copy of the minutes of each regular and special meeting of the commission within ten (10) working days after each such meeting. (Ord. 52-09, 10-19-2009)
A. The City Council finds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the comprehensive plan, should only be exercised sparingly and under proper conditions. For this reason, and because the original zoning district boundaries under this title are presumed to be correct and appropriate, it shall hereafter be the policy of the City to reclassify property only where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification in the public interest.
B. The reclassification procedures outlined herein should not be confused with, or used in place of, the amendment process or the variance process. Thus, the Council intends that reclassification of property should not be entertained where: 1) an alleged hardship peculiar to the property is claimed, which is more properly the subject of a variance request; or 2) it is alleged that the provisions themselves as applied to similar properties are unreasonable, which is more properly the subject of a text amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to demonstrate that the requested reclassification is more appropriate than the present classification, in light of the characteristics of the property and the public welfare.
C. Furthermore, it is contemplated under this title that the Long Range Planning Advisory Commission is, in the first instance, the body responsible for the formulation and continuing review of the comprehensive plan, as expressed herein, and this commission shall be charged with the duty of periodically reviewing the policies and provisions of this title in light of its purposes and changing conditions, and proposing on its own initiative such district reclassifications or Code amendments as may be deemed appropriate to secure the public welfare. (Ord. 52-09, 10-19-2009)
A. Any person may request a reclassification of property to another district, regardless of such person's interest in the property, by submitting a completed zoning reclassification application together with the required fee, to the Planning Services Department.
B. The applicant may submit a written request to withdraw the reclassification application at any time prior to final action by the City Council. (Ord. 52-09, 10-19-2009)
A. The Zoning Advisory Commission shall consider a reclassification request at a public hearing. Following the public hearing, the Zoning Advisory Commission shall act to recommend approval or denial of the request or table the request. (Ord. 52-09, 10-19-2009)
B. The recommendation of the commission shall forthwith be transmitted to the Council for its action. (Ord. 2-19, 1-22-2019)
A. Public Hearing: Following receipt of any recommendation of the commission, the City Clerk shall cause a notice to be published of the date, time and place for the City Council to hold a public hearing on the requested reclassification.
B. Adopt, Table Or Reject Request: Following the public hearing, the Council shall act to adopt, table or reject the reclassification request. In cases where the commission has recommended disapproval of the reclassification, the vote of at least three-fourths (3/4) of the Council shall be required to enact the reclassification.
C. Written Protest Against Request: Furthermore, in case of a written protest against the reclassification request which is filed with the City Clerk and signed by the owners of twenty percent (20%) or more of the area of the lots included in the request, or by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the property being considered for reclassification, such request shall not be enacted except by the favorable vote of at least three-fourths (3/4) of the Council. Property owned by the City or located in the public right-of-way shall not be considered in the above calculation of twenty percent (20%) area of property ownership. (Ord. 52-09, 10-19-2009; amd. Ord. 7-11, 1-18-2011; Ord. 11-21, 4-19-2021)
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