1. The City Council may, from time to time, on its own action or on petition, after public notice and hearing as provided herein and after report by the Planning and Zoning Commission, amend, supplement, or change the boundaries or regulations herein or subsequently established and such amendment shall not become effective except by a favorable vote of the City Council, as set forth in the Code of Iowa.
2. Purpose. For the purpose of establishing and maintaining sound, stable, and desirable development within the City, it is declared to be a public policy that amendments shall not be made to the Zoning Ordinance and Map except to promote more fully the objectives and purposes of this Zoning Ordinance or to correct errors.
3. Procedure.
A. Whenever any person, firm or corporation desires that any amendment or change be made in this Ordinance, including the text and/ or map, as to any property in the City there shall be presented to the Planning and Zoning Commission 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 owner or owners of all real estate included within the boundaries of said tract as described in said petition. It shall be the duty of the Planning and Zoning Commission to vote upon such petition within 60 days after the filing of such petition.
B. 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 20 percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed 200 feet therefrom or of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three-fourths of all members of the Council. It shall be the duty of the City Council to vote upon such petition within 60 days after the receipt of the Planning and Zoning Commission recommendation. Whenever any petition for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established shall have been denied by the City Council, then no new petition covering the same property, or the same property and additional property shall be filed with or considered by the City Council until one year shall have elapsed from the date of the filing of the first petition.
C. Before any final action shall be taken as provided in this part, the party or parties proposing or recommending a change in the district regulations or district boundaries, shall deposit with the City Clerk the amount prescribed in Chapter 144 to cover the approximate costs of this procedure and under no conditions shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law.
D. Public hearings shall be held by the Planning and Zoning Commission and the City Council; notice of time and place of such hearing shall be published not less than 15 or more than 30 days preceding said hearing and at least once in one or more newspapers of general circulation in the City. The City Clerk shall notify all abutting or opposite property owners separated by public right-of-way, as listed by the developer in the original application, of the time, date and subject matter of the hearing.