1. Authority. The City Council may, from time to time, in the manner hereinafter set forth, amend the Zoning District Map.
2. Purpose. The amendment process herein established is intended to provide a means for changing the zoning classification of specific parcels of property.
3. Initiation of Amendment. An amendment to the Zoning District Map may be initiated by a motion of the City Council or the Planning and Zoning Commission, or by the filing of an application by the owners of the property which is the subject of the proposal. Such motion or application shall be directed to the City Clerk, and contain the materials specified by Section 165.91.
4. Amendment Initiated by the City Council or Planning and Zoning Commission. When an amendment to the Zoning District Map is initiated by a motion of the City Council or the Planning and Zoning Commission, certain of the requirements contained in this section and Section 165.91 may be waived, including but not limited to: written petition, location map, site development plan, posting of notification signs, and payment of application fee. The initiating body shall, however, utilize alternative means which are determined to provide sufficient information and notice to the public. The procedure provided for in Section 165.90(5) shall in all instances be followed.
5. Public Hearing Notice and Adjacent Property Owner Notification.
A. Public Hearing Notice. The Council shall set a public hearing for the application and shall publish notice of time and place of the hearing, in a publication of general circulation within the City of Hiawatha, not less than four days nor more than 20 days before the date of such hearing. In setting the public hearing, the Council shall allow time required by the Planning and Zoning Commission to review the application and return its report to the Council.
B. Not less than four nor more than 20 days before the date of the public hearing to be held by the City Council to consider the amendment, notice of the time and place of such hearing shall be sent to the owners of any real property which is located within the City of Hiawatha and is either a part of the area which would be directly affected by the proposed amendment or located with 500 feet of any part of the area which would be directly affected by the proposed amendment. Owners of property which is a part of the area which would be directly affected by the proposed amendment or located within 200 feet of any part of the area which would be directly affected by the proposed amendment shall be notified by certified mail, and owners of other property located within 500 feet of any part of the area which would be directly affected by the proposed amendment shall be by regular mail.
C. If the amendment is initiated by a property owner, it shall be the responsibility of the property owner to obtain a listing of the parties to whom notice must be provided by regular or certified mail from the Linn County Auditor, and to reimburse the City for the costs of mailing the required notices. Such notices shall be mailed to the address shown by the records of the County Auditor provided, however, that if the property is shown to be in the name of more than one owner, a single notice shall be mailed to all owners at the address of record.
D. Failure of actual notice to any party, whether sent by regular or certified mail, shall not invalidate the proceedings or require the denial of the proposed amendment.
E. Notwithstanding the above, if the proposed amendment would directly affect a more than 10 parcels of property, only published notice shall be required.
6. Notification Signs. The Zoning Administrator shall provide each applicant for an amendment to the Zoning District Map with at least two notification signs which shall be clearly posted by the applicant on the subject property. On a larger property additional such signs may be required. At least one sign shall be placed so that it is clearly visible from an abutting street and if the subject property has frontage on more than one street a sign shall be posted on each such frontage. When a property has little or no direct street frontage, 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.
A. Sign Content. The notification signs shall indicate the request to amend the Zoning District Map, the existing and proposed zoning designation, and the date, time and place of the following meetings at which the proposed amendment will be reviewed. The sign shall also contain any additional information as the Council shall, by rule, require.
(1) Planning and Zoning Commission.
(2) City Council public hearing.
B. Time of Sign Posting. The notification signs shall be posted at least seven days prior to the meeting of the Planning and Zoning Commission and shall be maintained continuously on the property until after the public hearings of the City Council.
C. Failure to Post Signs. Failure to post signs and maintain such notices as prescribed above may be considered by the Council as sufficient cause to defer the hearing on the application.
D. Sign Removal. Such signs shall be removed by the applicant within five days after the public hearing. No person other than the applicant or his agent shall erect, remove or alter such signs. No one shall deface nor in any way affect the visibility or interfere with such signs.