This section describes the methods by which changes may be made in the text of the Zoning Ordinance (text amendment) and/ or the official boundaries of zoning districts (rezoning).
1. Initiation of Amendments. Text amendments may be initiated by the Planning and Zoning Commission or City Council. A property owner, authorized agent, the Planning and Zoning Commission or the City Council may initiate by its own action rezoning of property.
2. Rezoning Application Requirements. An application for rezoning shall be filed with the Zoning Administrator. The application shall include the following information:
A. Name and address of the applicant.
B. Owner, address and legal description of the property.
C. A description of the reason for the rezoning application and the nature and operating characteristics of the proposed use.
D. Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Zoning Administrator to be necessary to describe the proposed use to the Planning and Zoning Commission and/or the City Council.
E. A properly completed rezoning permit application.
F. A properly completed rezoning petition duly signed by the owners of 50% of the area of all real estate included within the boundaries of said tract as described in said petition and duly signed by the owners of 50% of the area of all real estate lying outside of said tract but within 300 feet of the boundaries of the said tract. Both of the foregoing percentage signature requirements are for advisory purposes only, and failure to obtain either or both of the required percentages shall not prevent continuance of the permit application. City initiated rezonings are exempt from this requirement.
G. A map indicating the property to be rezoned and affected properties.
3. Amendment Process.
A. If the amendment was initiated by the City Council or by a property owner (or authorized agent), the Planning and Zoning Commission shall consider the request and return its recommendation in writing to the Council within sixty (60) days. Upon request of the Commission to the Council, the Commission shall have an additional thirty (30) days to return its recommendation.
B. The Planning and Zoning Commission, following a notice and publication, shall hold a public hearing on each proposed text amendment or rezoning and, following such public hearing, shall recommend action to the City Council.
C. The City Council, after publication and public hearing, shall act on the proposed amendment. A simple majority vote of those members either elected or appointed to the City Council is required for approval except as follows: 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 percent (20%) or more of the area of the lots included in such proposed change, 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 for which the change is proposed, then the change shall not become effective except by the favorable vote of at least three-fourths (3/4) of all the members of the City Council.
D. Whenever any petition for amendment, supplement or change of the zoning districts 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 filing of the first petition.
4. Required Notice and Publication. Prior to consideration of amending, supplementing, changing, modifying, or repealing this chapter by the governing body, notice of public hearings shall be provided by:
A. Notice By Posted Sign: A notice shall be posted in a conspicuous place on or near the property upon which action is pending. Such notice shall be not less than eighteen (18) inches in height and twenty-four (24) inches in width with a white background and black letters not less than one and one-half (1½) inches in height. Such posted notice shall be so placed upon such premises that is easily visible from the street and shall be so posted at least ten (10) days before the date of such hearing. It is unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearing.
B. In addition, notice of public hearing shall also be provided by the following methods:
(1) Publication: At least ten (10) days but not more than twenty (20) days before the date of the City Council hearing, the Zoning Administrator shall have published in a newspaper having a general circulation in the City of Pella a Notice of the time, place and subject matter of such hearing. Prior to the Planning and Zoning Commission public hearing the same notice shall be published for the Planning and Zoning Commission hearing.
(2) Notification by Mail: At least fifteen (15) days prior to the date of hearing, the party initiating the rezoning request shall present the Zoning Administrator an address list of those persons who own property within 300 feet of the subject site. The Zoning Administrator shall mail notice of the time, place and subject matter of the hearing to such property owners at least ten (10) days prior to the date of the hearing. This notification by mail is for advisory purposes only , and failure to notify 100% of adjacent property owners shall not prevent continuance of the rezoning application.