1. The City Council may, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of zones, or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Planning and Zoning Commission for its recommendations and report. If the Commission makes no report within sixty (60) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change. After the recommendation and report of the Commission have been filed, the Council, before enacting any proposed amendment, supplement, change, modification or repeal, shall hold a public hearing in relation thereto, giving notice of the time and place of the hearing, which notice shall be published in a newspaper having a general circulation in the City of Clear Lake at least seven (7) but not more than twenty (20) days before the public hearing (Iowa Code, Chapter 414.4). In no case shall the public hearing be held earlier than the next regularly scheduled Council meeting following the published notice. The Council may set such public hearing either before or after it submits the proposed amendment, supplement, change, modification or repeal to the Commission for its recommendation or during the period while the Commission is considering such matter. In addition to the published notice of a public hearing, the Council shall also mail a copy of the notice by ordinary mail to all owners of property adjoining or adjacent to property that is proposed to have a change in zoning, said notice to be mailed to such owners at their last known mailing address at least seven (7) but not more than twenty (20) days before the public hearing. Said notice shall be considered mailed when it is deposited in the post office with first class postage attached. “Adjacent property” for the purposes of this requirement is any property lying directly across the street from the property where a change in zoning is proposed.
2. Any owner or owners of property may present a petition duly signed and verified, requesting an amendment, supplement or change in the regulations prescribed for a zone or part thereof. Such petition shall be signed by the owners of at least fifty percent (50%) of the area included in such proposed change and by the owners of 50% of the property within 200 feet therefrom and said petition shall be filed with the Planning and Zoning Commission. A list of all owners of record of property located within 200 feet of the zoning change boundary shall be attached to the petition. The Planning and Zoning Commission shall make a report to the Council within 60 days from the date of receipt of such petition.
3. If a protest against such proposal, amendment, supplement, change, modification or repeal is proposed, it shall be presented in writing to the Planning and Zoning Commission, duly signed and acknowledged by one of the following: (i) the owners of twenty percent (20%) or more of the area of the lots included in the proposed change or repeal; (ii) the owners of 20% or more of the property which is located immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed 200 feet; (iii) by the owners of 20% or more of the property which is located 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, supplement, change, modification or repeal shall require the favorable vote of three-fourths (3/4) of the members of the Council for passage.
4. Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the zone regulations or zone boundaries shall deposit with the City Clerk a filing fee in the amount of $200.00 for petition for rezoning.
5. No building permit for the erection of any building or structure or license or permit for the conduct of any use shall be issued for a period of sixty (60) days after the City Council has set a public hearing on the question of amending the zoning ordinance and map so as to rezone an area, if the building or use contemplated by the request permit would not be permitted in that area under the proposed zoning classification. Provided, if final action by the City Council is not taken on the question within 60 days of the time the matter is set for public hearing, the permit or license shall be issued. If, within the 60-day period, the City Council shall enact an ordinance amending the Zoning Ordinance, the provisions of said Zoning Ordinance as amended shall thereafter be in effect. If, within the 60-day period, the City Council shall vote on said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and permits shall be issued upon current zoning regulations.
6. If a permit for a building or structure has been issued for a particular area but no substantial part of the construction has been commenced at the time, if the City Council shall set a public hearing on the question of amending the Zoning Ordinance and map so as to rezone the area of the permit which rezoning would prohibit the building or use contemplated by the permit, the permit shall stand suspended and all construction and other action shall be suspended for a period of 60 days after the setting of the public hearing. Provided, however, that if final action by the City Council is not taken on the question within 60 days, construction may be commenced. If, within the 60-day period, the City Council shall enact an ordinance amending the Zoning Ordinance, the provisions of the Zoning Ordinance as amended shall be in effect and if said provisions prohibit the building, structure or use contemplated by the suspended permit, said permit shall stand automatically revoked and terminated. If the City Council shall vote on said question and it shall not receive a sufficient number of votes for passage, the suspension period shall be terminated and construction may be commenced under the permit. The suspension of work under the provision of this chapter may not be invoked and is not applicable if previously said permit has been suspended under the provisions of this chapter.
7. No property or area within the City shall be subject to the suspension provisions of this chapter unless twelve (12) months shall have expired after a previous suspension period, said 12-month period to commence with the final day of the 60-day suspension period provided for in this chapter.
8. The Planning and Zoning Commission may recommend to the City Council amendments, supplements, changes or modifications to this chapter or to the boundaries of zones or to the zoning of particular tracts. If the Commission initiates a recommendation to the Council, said recommendation need not be submitted to the Commission for its report but may be set for public hearing forthwith.