The regulations, restrictions, prohibitions and limitations imposed, and the districts created may, from time to time, be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the planning commission, after notice and public hearing, files with the city a report and recommendation on the proposed change. In addition to the procedural provisions hereinafter set out, the planning commission shall adopt procedural rules for the conduct of zoning public hearings.

(Ord. 272, 4-2-1974)

It is the policy of the city that in the consideration of proposed amendments to this title that amendments will be adopted to recognize changes in the comprehensive plan, to correct error or to recognize changed and changing conditions in a particular area or in the jurisdictional area generally.

Zoning map amendments (rezonings) shall not conflict with the comprehensive plan land use map; any rezoning applications which would be contrary to the comprehensive plan land use map must be processed along with a request to amend the land use map and a PUD in order to be accepted and considered. Comprehensive plan land use map amendments shall be limited to two (2) per year, unless otherwise granted prior approval by the city council.

Within areas designated "corridor" and "commercial area" or "vacant, agricultural, rural residences, and open land" on the comprehensive plan land use map, it is city policy to require that a planned unit development (PUD) application be processed along with any application for rezoning to commercial, provided, however, that the city council may waive this requirement upon finding of sufficient good cause.

(Ord. 272, 4-2-1974; amd. Ord. 2031, 12-21-2009; Ord. 2137, 7-14-2014)

The planning commission, upon its own motion, may, or at the direction of the city council, shall hold a public hearing, giving notice thereof, of a proposed text amendment. After holding the public hearing, the planning commission shall, within sixty (60) days, transmit its report and recommendation to the city council.

(Ord. 272, 4-2-1974; Ord. No. 2491, § 1, 2-24-2025)

A.

Initiated By Application:

1.

Any person, corporation, partnership, association or combination thereof, having a legal or equitable interest in or to real property, may file an application for a change in the zoning classification of such property by amendment of the zoning map. An application shall be filed with the planning commission, shall be in such form and content as the planning commission may establish, and shall be accompanied by payment of a fee according to the fee schedule adopted or authorized by the city council. The applicant shall also pay all public notice fees and costs pursuant to the fee schedule adopted or authorized by the city council.

2.

An application shall be filed with the planning commission at least thirty (30) days prior to the date of public hearing and shall be set for public hearing, provided the planning commission, upon written request, may set the matter for an early public hearing for cause shown.

B.

Planning Commission Action: The planning commission shall give twenty (20) days' notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation. In addition, twenty (20) days' notice of public hearing shall be given by posting a sign on the property sought to be rezoned. The notice shall contain:

1.

Date, time and place of public hearing.

2.

Legal description of the property and the street address or approximate location of the property.

3.

Present zoning district classification of the property and the proposed zoning district classification, provided:

a.

Notice of a proposed RM-2 rezoning shall confer jurisdiction on the planning commission and city council to consider and act upon RM-2, RM-1, RD, RS-3, RS-2.5, RS-2, RS-1 and RE, or combinations thereof, in the disposition of the application, and in like manner, notice of any R district, including RMH, shall confer jurisdiction to consider any less dense R district, except RMH.

b.

Notice of a proposed CH rezoning shall confer jurisdiction on the planning commission and city council to consider and act upon CH, CG, CS, OM, and OL, or combinations thereof, in the disposition of the application, and in like manner, notice of any C district shall confer jurisdiction to consider any less intense C district or any O district, and notice of any O district shall confer jurisdiction to consider any less intense O district.

c.

Notice of a proposed IH rezoning shall confer jurisdiction on the planning commission and city council to consider and act upon IH, IM and IL, or combinations thereof, in the disposition of the application, and in like manner, notice of any I district shall confer jurisdiction to consider any less intense I district.

d.

Specific notice of a proposed AG or RMH district shall be required to confer jurisdiction on the planning commission and city council to consider such AG or RMH districts.

C.

Notice Required:

1.

The planning commission shall give notice of public hearing on any proposed zoning change as follows:

a.

At least twenty (20) days' notice of the date, time and place of the hearing by publication in a newspaper of general circulation in the city. Said notice shall include a map of the area to be affected which indicates street names or numbers, streams or other significant landmarks in said area.

b.

By posting of the affected property at least twenty (20) days before the date of the hearing. The notice shall state:

(1)

The date, time and place of public hearing;

(2)

Who will conduct the public hearing;

(3)

The present and desired zoning classifications;

(4)

The proposed use of the property; and

(5)

Other information as may be necessary to provide adequate and timely public notice.

c.

(1)

Twenty (20) days' notice by mailing written notice to all owners of real property included in the proposed change and all owners of real property within a three hundred foot (300') radius of the exterior boundary of the property included in the proposed change. The notice shall contain:

(A)

The legal description of the property and the street address or approximate location in the city;

(B)

The present zoning of the property and the zoning sought by the applicant; and

(C)

The date, time and place of the public hearing.

(2)

Provided that, if the city proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, floodplain, drainage, historic preservation and blighted areas, mailing of notice as above provided shall not be required and notice shall be given at least twenty (20) days before the date of the hearing by publication as above provided and by posting on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces and shall state:

(A)

The date, time and place of public hearing;

(B)

Who will conduct the public hearing;

(C)

The desired zoning classification;

(D)

The proposed use of the property; and

(E)

Other information as may be necessary to provide adequate and timely public notice.

2.

Notice of rezoning shall confer jurisdiction:

a.

Notice of the proposed RM-3 rezoning shall confer jurisdiction on the planning commission and city council to consider and act upon RM-3, RM-2, RM-1, RD, RS-4 inactive, RS-3, RS-2, RS-1, RT and RE, or combination thereof, in the disposition of the application, and in like manner, notice of any R district, including RMH, shall confer jurisdiction to consider any less dense R district, except RMH.

b.

Notice of a proposed CH rezoning shall confer jurisdiction on the planning commission and city council to consider and act upon CH, CG, CS, OM and OL, or combination thereof, in the disposition of the application, and in like manner, notice of any C district shall confer jurisdiction to consider any less intense C district, any O district and notice of any O district shall confer jurisdiction to consider any less intense O district.

c.

Notice of a proposed IH rezoning shall confer jurisdiction on the planning commission and city council to consider and act upon IH, IM, IL, IR and the combinations thereof in the disposition of the application, and in like manner, notice of any I district shall confer jurisdiction to consider any less intense I district.

d.

Specific notice of a proposed AG, PUD or RMH district shall be required to confer jurisdiction on the planning commission to consider such AG, PUD or RMH district.

D.

Planning Commission Action On Zoning Map Amendments:

1.

After notice and public hearing, the planning commission shall vote to:

a.

Recommend to the city council that the application be approved as submitted, or as amended, or be approved subject to modification; or

b.

Recommend to the city council that the application be denied.

2.

An application recommended for approval, or approval subject to modification, shall be transmitted, with the report and recommendation of the planning commission, to the city council within sixty (60) days from the date of the planning commission action.

3.

An application recommended for denial shall not be considered further unless the applicant, within fifteen (15) days from the date of the planning commission action, files a written request with the city clerk for a hearing by the city council. The request for hearing shall be accompanied by the payment of a fee in such amount as established by resolution of the city council. Upon notice of such request, the planning commission shall forthwith transmit the application and its report and recommendations to the city council.

4.

In the event the planning commission arrives at a tie vote, the application shall be transmitted with a report and notation of the tie vote to the city council within sixty (60) days from the date of the planning commission action.

E.

City Council Action On Zoning Map Amendment:

1.

On all applications submitted to the city council from the planning commission recommending approval, approval subject to modification, or denial on appeal, the city council shall hold a hearing and shall approve, deny or further amend or modify said application.

2.

On all applications recommending denial, submitted to the city council on appeal, the city council shall hold a hearing and shall affirm or reverse the planning commission's recommendation. In the event that the city council reverses the planning commission's recommendation, the city council may place the requested change, modification or amendment to the zoning map on the agenda for the next regular meeting of the city council for further amendment or modification. If the change, modification or amendment is so placed on the agenda for the next regular meeting of the city council, the procedure set out in subsection E.1. of this section shall govern the proceedings.

3.

Prior to the adoption and publication of a rezoning ordinance, the applicant shall remit to the office of the city clerk the payment necessary to cover the cost of the ordinance publication. The city clerk shall not cause the ordinance to be published prior to such payment.

4.

Should the request for a rezoning be denied by the city council, no application for the same zoning classification of the subject tract of land or any part of the tract shall be accepted for public hearing for one (1) year for the same zoning after the date of the action of the city council.

(Ord. 272, 4-2-1974; amd. 2006 Code; Ord. 2150, 2-23-2015; Ord. 2187, 5-9-2016; Ord. 2217, 6-12-2017; Ord. No. 2491, § 2, 2-24-2025)