(a)

Reasons for amendments. This chapter, including the zoning map, is based on comprehensive planning studies and is intended to carry out the objective of a sound, stable and desirable environment. It is recognized that casual amendment of this chapter would be detrimental to the achievement of that objective. It is the public policy to amend this chapter only when one or more of the following conditions prevail:

(1)

Error. There is a manifest error in this chapter.

(2)

Change in conditions. Changed or changing conditions in a particular area, or in the city or metropolitan area generally, make an amendment to this chapter necessary and desirable.

(3)

Increase in need for sites. Increased or increasing needs for business or industrial sites, in addition to sites that are available, make it necessary and desirable to reclassify an area or to extend the boundaries of an existing district.

(4)

Annexation. It is necessary and desirable to classify territory hereafter annexed to the city to a district classification other than the R-1 district (one-family residence district) classification.

(b)

Limitations on proposed amendments. Any proposed amendment which would effect a change in the district classification of property shall be subject to the following limitations:

(1)

Minimum areas of property required to be included in an amendment changing its district classification shall be as follows:

a.

R-1 district: No minimum area.

b.

R-2 district: Four acres, except where the proposed district would abut an existing R-2, B-1, B-2, B-3, I-1 or I-2 district.

c.

R-T district: Five acres, except where the proposed district would abut an existing R-T district.

d.

B-1 district: Two acres, except where the proposed district would abut an existing B-1, B-2, B-3, I-1 or I-2 district.

e.

B-2 district: Four acres, except where the proposed district would abut an existing B-2, B-3, I-1 or I-2 district.

f.

B-3 district: Five acres, except where the proposed district would abut an existing B-3 district.

g.

I-1 district: Six acres, except where the proposed district would abut an existing I-1 or I-2 district.

h.

I-2 district: 20 acres, except where the proposed district would abut an existing I-2 district.

i.

O-1 district: Four acres, except where the proposed district would abut an existing O-1 district.

(2)

There shall be a clear and demonstrated need in the area for those uses permitted in the proposed district and not permitted in a more restrictive district.

(Code 1982, § 24-211; Ord. No. O-35-05, 3-29-2005)

(a)

Application. An amendment to this chapter may be initiated by the city council on its own motion or by the city planning commission. An amendment may also be initiated by any person by filing a written application therefor with the building official. The application for amendment shall contain at least the following:

(1)

Interest and ownership. The applicant's name, address and interest in the application, and the name, address and interest of every person represented by the applicant in the application; the names of the owners of the entire land area to be included within the proposed district; the names of the owners of all structures then existing thereon and sufficient evidence to establish that the applicant has the right of possession to the land area and structures; and the names and addresses of all owners of adjacent property.

(2)

Site plan. If the proposed amendment would require a change in the zoning map, a site plan showing the land area which would be affected, easements bounding and intersecting the designated area, the locations of existing and proposed structures with supporting open facilities, and the ground area to be provided and continuously maintained for the proposed structure or structures.

(3)

Development schedule. The time schedule for the beginning and completion of development planned by the applicant in the area; if the development is planned in stages, the time schedule shall indicate the successive stages and the development planned for each stage.

(4)

Effect of amendment. A report giving the nature, description and effect of the proposed amendment; and, if the proposed amendment would require a change in the zoning map, a description of the probable effect on the surrounding land uses and properties.

(5)

Error. The error of this chapter that would be corrected by the proposed amendment, if the intent is to correct an error.

Upon receipt of an application for amendment, properly and completely made out, the zoning administrator shall review the application and shall transmit it, together with his report, to the planning commission for action.

(b)

Action by planning commission.

(1)

Following receipt of an application from the zoning administrator, the planning commission may hold a preliminary hearing thereon. After such preliminary hearing, the commission shall certify the application for public hearing.

(2)

The planning commission shall fix a reasonable time for a public hearing and shall give public notice thereof, as required by law, as well as notice to the applicant and to the building official. If it deems necessary, the commission may also notify the owners of surrounding property by mail and may post a notice of such hearing on the property included within the proposed district.

(3)

The planning commission shall hold a public hearing and shall maintain in its minutes a record of its proceedings on each case. The record shall be filed in the office of the commission and shall be a public record; a certified copy of the record, together with the planning commission's recommendation and the grounds therefor, shall be transmitted to the city council.

(c)

Action by city council. The city council shall examine all such applications, reports and recommendations transmitted to it and shall take further action as it deems necessary and desirable. Before enacting any amendment the city council shall hold a public hearing thereon and shall give public notice thereof as required by law.

(1)

Conditions. If an application for amendment to the zoning map contains representations that a specified area will be developed according to a given plan and within a specified time (which need not be less than one year), and if the area is reclassified to permit the proposed development, the city council may provide, among other things, in the amendment a condition that, if the area is not developed according to the given plan and within the specified time, no permit shall be issued for the construction of any structure until the area has been reconsidered by the planning commission and a recommendation made either to retain it in its classification or to reclassify it to its former or other appropriate classification and any necessary action pursuant to such recommendation taken by the city council.

(2)

Reconsideration of denied application. Unless new evidence is presented demonstrating substantial change in circumstances, no land for which an application for reclassification has been denied shall be considered again for the same classification for at least one year from the date such application was denied.

(Code 1982, § 24-212)