The city declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

1.

To correct any error in the regulations or map.

2.

To recognize changed or changing conditions or circumstances in a particular locality.

3.

To recognize changes in technology, the style of living, or manner of doing business.

(Ord. No. 91500)

The city council may from time to time, after receiving a final report thereon by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts. Any amendment, supplement, or change to the text of the zoning ordinance may be ordered for consideration by the city council, be initiated by the planning and zoning commission, or be requested by the owner of real property, or the authorized representative of an owner of real property.

Consideration for a change in any district boundary line or special zoning regulation may be initiated only with written consent of the property owner, or by the planning and zoning commission or city council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the city records are different, the applicant shall submit proof of ownership.

Minor corrections of any mistake or error involving a zoning ordinance or the official zoning map can be made without the necessity of notice and public hearings normally required in connection with a change of zoning or other amendment to the zoning ordinance.

(Ord. No. 91500)

Prior to making its report to the city council on a request for a change in a zoning district classification or boundary, the planning and zoning commission shall hold at least one public hearing on each change. Written notice of all public hearings shall be sent to each owner, as indicated by the most recently approved city tax roll, of real property, within 200 feet of the property on which the change in classification is proposed. The measurement of 200 feet includes streets and alleys. The notice may be served by its deposit in the city, properly addressed with postage paid, in the United States mail.

Notice must be given not less than ten days before the date set for hearing. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the city and is not include on the most recently approved city tax roll, the notice of the time and place of the hearing must be published in an official newspaper in the city.

Before the city council holds the public hearing on a request for a change in zoning district classification or boundary, a notice of the time and place of the hearing must be published in the official newspaper in the city at least 15 days before the hearing.

(Ord. No. 91500-A-49)

Failure of the applicant or his representative to appear before the planning and zoning commission for more than one hearing without an approved delay shall constitute sufficient grounds for the planning and zoning commission to terminate the application.

(Ord. No. 91500)

The planning and zoning commission, after the public hearing is closed, shall its report and recommendations on the proposed change to the city council.

(Ord. No. 91500)

1.

Proposal recommended for approval: When the final report of the planning and zoning commission recommends approval of the zoning change or other amendments to the zoning ordinance, the report shall be forwarded to the city council for public hearing thereon.

2.

Proposal recommended for denial: When the final report of the planning and zoning commission recommends denial of a zoning change or other amendment to the zoning ordinance, the report shall be forwarded to the city council and the applicant shall be notified. A hearing before the city council shall be set on an application recommended for denial only when an appeal is filed by the applicant with the planning department, within 15 days from the date of the recommendation for denial. When the final report of the planning and zoning commission recommends denial of a zoning change or other amendment to the zoning ordinance which application was originally initiated by the city council, the report shall be forwarded to the city council for public hearing.

3.

Council hearing and notice: Notice of the time and place of the public hearing before the city council, shall be published one time in the official newspaper of the city at least 15 days prior to the date of the hearing.

4.

Three-fourths vote: The three-fourths vote provision shall be required under the following circumstances:

a.

The affirmative vote of at least three-fourths of all the members of the city council shall be required to overrule a recommendation of the of the planning and zoning commission that a proposed change be denied.

b.

If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the council. The protest must be written and signed by the owners of at least 20 percent of either: (i) the area of lots or land covered by the proposed change; or (ii) the areas of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. In computing the percentage of land area, the area of streets and alleys shall be included.

(Ord. No. 91500)

A zoning change or an amendment to the zoning ordinance shall not become effective until after the adoption of an ordinance and publication of its caption as required by law. The adoption of the amending ordinance shall be accomplished as soon after the public hearing as practical.

(Ord. No. 91500)