The Zoning Code regulations, restrictions, and boundaries may from time to time, be amended, supplemented, changed, modified, or repealed by the City Council. No such amendments shall be made final without: (i) the applicant completing a rezoning application; (ii) holding a public hearing before the Planning and Zoning Commission, who shall thereafter send a recommendation to the City Council; and (iii) after a public hearing is held by the City Council and the proper amendment process is followed.
1. The notice of the time and place of the hearings shall be published in a newspaper with general circulation in the City not less than seven days nor more than 20 days before either of the public hearings. In no case shall the City Council hearing be held earlier than the next regularly scheduled City Council meeting after the Planning and Zoning Commission hearing.
2. In the case of a protest filed with the City Council against such change signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change or of those immediately adjacent to, not to exceed 200 feet, such amendments shall not be passed except by the favorable vote of three-fourths of all members of the City Council.
3. As part of an amendment to the Zoning Code, changing land from one zoning district to another zoning district, or as part of approving a site development plan, the City Council may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of that hearing. The conditions must be reasonable and imposed to satisfy public needs that are directly caused by the requested change.
4. Rezoning Application: An application for rezoning shall contain the following items:
A. The legal description and local address, if applicable, of the property to be rezoned.
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 the owners of all property within 200 feet 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E. A statement of the reasons why the applicant feels the present zoning classification is no longer valid.
F. A plat or sketch showing the locations, dimensions, and use of the applicant's property and all property within 200 feet thereof, including streets, alleys, railroads, and other physical features.
G. The property owner's signature.
5. Fees. Before any action is taken upon an application as provided in this section, the applicant shall pay the Zoning Administrator a non-refundable fee, as established in Section 165B.15. The applicant shall pay this fee to the credit of the general revenue fund of the City. Failure to approve the change, by either the Planning and Zoning Commission or City Council, will not be construed as any reason for refunding the fee to the applicant.