The City Council may, from time to time, on its own action, upon request by the owner of a parcel of land, or on petition, initiate the process to change the zoning of the property and after public notice and hearings as provided by law, and after recommendation by the Planning and Zoning Commission, change the zoning boundaries and classifications shown on the Official Zoning Map, or subsequently established, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the City Council.
1. Procedures. Whenever any person, firm or corporation desires that any amendment, or change be made in the Official Zoning Map, as to any property covered by this ordinance, there shall be presented to the Council a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of fifty (50) percent or more 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 fifty (50) percent or more of the area of all real estate lying outside of said tract but within two hundred (200) feet of the boundaries thereof; intervening streets and alleys shall not be included in computing such two hundred (200) 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. In lieu of a petition, a property owner may submit a written request to the City Council to initiate the rezoning of the owner’s property. The Council may initiate a rezoning, if it is determined the rezoning is compatible with the Comprehensive Plan, or for other reasonable cause. Prior to voting or holding a public hearing upon the petition or request for rezoning, the City Council shall refer the rezoning proposal to the Planning and Zoning Commission requesting its comments and recommendations. The Planning and Zoning Commission after public hearing, shall advise the City Council of its recommendations and the vote thereon. In case the proposed amendment, supplement, or change be disapproved by the Planning and Zoning Commission, or a protest be presented duly signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent thereof, extending the depth of one (1) lot or not to exceed two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of at least three-fourths (3/4) of all members of the Council. A protest, if filed, must be filed before or at the public hearing held by the City Council. Whenever any petition or request for amendment, or change of the zoning districts shall have been denied by the City Council, then no new petition or request for the same zoning change covering the same property or the same property and additional property shall be filed with or considered by the City Council until one (1) year shall have elapsed from the date of filing of the first petition or request.
2. Notice Requirement. Whenever any amendment or change is petitioned to be made in the Official Zoning map, as to any property covered by this ordinance, the City shall publish notice as required by the State Code of Iowa, and notify all owners of property within the affected boundaries and all owners of property within two hundred (200) feet. The notice of time and place of the public hearing shall be published in accordance with state law and all property owners are to be sent notices in accordance with state law prior to any public hearing by the Planning and Zoning Commission and the City Council on the proposed zoning change. If the proposed amendment, change or alteration has a similar impact on all of the property within the district, setback regulations, square footage requirement, accessory uses, or other bulk regulations within a district; or adds, deletes, or changes an entire district, notice by publication, only shall be required. For all rezoning of property by petition or owners request, the owner of the property shall be required to post a sign which is 4 feet by 4 feet in size with letters of not less than four (4) inches in height stating notice of rezoning and zoning district designations proposed to be changed and telephone number and address of the City Zoning Administrator. A sign shall be placed on each public street right-of-way and shall not be greater than thirty (30) feet from the street right-of-way.
3. Filing Fees. Before any action shall be taken as provided in this section, the owners of the land for which a change in the zoning has been initiated by petition or Council action in response to a request by the owner of the land shall pay to the City a filing fee to cover the costs of the procedure. Under no conditions shall said fee or any part thereof be refunded for failure of said amendment to be enacted into law. The amount of the fee for all rezoning of land subject to a filing fee shall be in accordance with Chapter 177, Rates and Fees, of this Code of Ordinances. Cost of mailing public notices sent to property owners shall be paid by the petitioner.
(Ord. 19-03 – May 19 Supp.)