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Dallas Center City Zoning Code

165.15 AMENDMENTS

TO ZONING CODE.

The Council may from time to time, on its own action or on petition, after public notice and hearing as provided by law, and after report by the Planning and Zoning Commission, amend any provision of this chapter or make any change in the zoning map, and such amendment or change in the zoning map shall not become effective except by the favorable vote of a majority of all the members of the Council.
1.   Petition for Amendment. Whenever any person desires that any amendment, or change be made in this chapter, including the text and/or the zoning map, as to any property in the City, and there shall be presented to the Council 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 owners of 50 percent of the area of all real estate included within the boundaries of said tract as described in said petition, and in addition, duly signed by the owners of 50 percent of the area of all real estate lying outside of said tract but within 200 feet of the boundaries thereof [intervening streets and alleys not to be included in computing such 200 feet], it shall be the duty of the Council to vote upon such petition within 90 days after the filing of the report and recommendations from the Planning and Zoning Commission.
2.   Public Hearing Required by Commission. No proposed change in the zoning map shall be acted upon by the Council until after a public hearing thereon by the Planning and Zoning Commission. At least seven days’ notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. After the public hearing before the Commission, the Commission shall make a report and recommendations in writing to the Council.
3.   Public Hearing Required by Council. Before taking final action, the Council shall conduct a public hearing on any proposed amendment to this chapter or change in the zoning map, and at least seven days’ notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City.
4.   Disapproval by Commission or Protest. In case the proposed change in the zoning map is disapproved by the Commission, or a protest is presented duly signed by the owners of 20 percent or more either of the area of the lots included in such proposed change in the zoning map, 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 change in the zoning map shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council.
5.   Procedure After Denial. Whenever any petition for an amendment or change in the zoning map shall have been denied by the Council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the Council until one year shall have elapsed from the date of action by the Council on the first petition. In the event the appellant withdraws the petition for rezoning prior to final action by the Council, no new petition covering the same property or the same property and additional property shall be filed with or considered by the Council until six months shall have elapsed from the date of withdrawal.
6.   Fees Required. Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the City the sum of $100.00 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.