The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Amendment, as used in this section, means a change in the text of the zoning ordinance or a change in the official zoning map of the city authorized by a zoning decision made only after compliance with the procedures set forth in this section.

(Ord. of 3-12-2007, art. VIII, § 1)

A proposed amendment to the text may be initiated by the planning commission or may be submitted to the planning commission by the city council or by any person who owns property within the zoning jurisdiction of the city. Unless initiated by the city council or by the planning commission, all proposed map amendments shall be submitted by the owner of such property or the authorized agent of the owner. An authorized agent shall have written authorization from the property owner, and such authorization shall be notarized and attached to the application. No amendment shall become effective unless it shall have been proposed by or submitted to the city planning commission for review and recommendations.

(Ord. of 3-12-2007, art. VIII, § 2)

A proposed amendment to the map affecting the same property shall not be submitted by an owner or agent more than once every 24 months, said interval to begin with the date of the final decision by the city council. The city council may, at its discretion, reduce or waive the 24-month interval between applications for proposed amendments to the zoning map affecting the same property; however, in the case of an application for a proposed amendment to the zoning maps which was defeated by the city council, there shall be at least a six-month interval between the defeated application and the subsequent application affecting the same property. The 24-month interval shall not apply to applications for proposed amendments initiated by the city council or the planning commission, except for applications for proposed amendments to the zoning maps which were defeated by the city council, in which case, the interval required before a subsequent application may be filed shall be at least six months. An application to amend zoning conditions may be submitted at any time.

(Ord. of 3-12-2007, art. VIII, § 3)

Each proposed amendment to the text or to the official zoning map shall be initiated by filing an application with the city clerk. Applications for proposed amendments shall include at least the following information, in addition to any other information required by the city planning commission, city council or the county building inspector's office:

(1)

Applications for proposed amendments to the text shall include the following information:

a.

Name and address of the applicant.

b.

Current provisions of the text to be affected by the proposed amendment.

c.

Wording of the proposed amendment to the text.

d.

Reason for the proposed amendment.

(2)

Applications for proposed amendments to the zoning map shall include the following:

a.

Name and address of the property owner.

b.

Name and address of the applicant, if different from the property owner.

c.

Copy of the contract between the property owner and the applicant, if different, giving the applicant permission to act as an agent for the owner.

d.

Certified copy of the deed.

e.

Legal description of the tract proposed to be rezoned.

f.

Copy of the plat, drawn to scale showing the following:

1.

North arrow.

2.

Land lot and district.

3.

The dimensions of the tract.

4.

Acreage and location of the tract prepared by an engineer or land surveyor whose state registration is current and valid.

5.

Engineer's or land surveyor's seal affixed to plat.

6.

Any wetlands or floodplains.

g.

Present and proposed zoning district for the tract.

h.

Map and parcel number identified on the tax assessor's map.

(3)

Applications for amendments proposed to the zoning map or zoning text shall be submitted in accordance with a schedule adopted annually by the planning commission. Said schedule shall provide that each application for a proposed amendment shall be submitted at least 50 days prior to the date on which it is to be considered by the city council. A fee shall not be charged for proposed amendments initiated by members of the city council or the planning commission when acting as agents of the governing authority.

(4)

An applicant shall not be permitted to withdraw an application for a proposed amendment after the legal advertising for said proposed amendment as required by this article has been published, unless such withdrawal is made with the approval of the city council.

(5)

An applicant may file site plans, renderings, construction specifications, written development restrictions and other zoning conditions which the applicant proposes as building restrictions upon the development and use of the property that is the subject of the proposed amendment. Any such zoning conditions shall be filed at city hall at least seven days prior to the public hearing before the planning commission. If any such zoning conditions are proposed by an applicant and have not been filed as required by this section, the planning commission, at the time of the public hearing on the proposed amendment, shall defer any action on such proposed amendment to a specific meeting date. The date designated for action on the proposed amendment shall be set at a time which is sufficient to allow the applicant to comply with the filing requirements of this section.

(Ord. of 3-12-2007, art. VIII, § 4)

(a)

Legal notice. Notice of public hearings before the planning commission and the city council as required by this section shall be published within a newspaper of general circulation within the city and shall state the time, place and purpose of the hearing, and shall also include:

(1)

The location of property that is the subject of the zoning action.

(2)

The present zoning district of said property.

(3)

The proposed zoning district of said property. Such notice shall be published at least 15 but not more than 45 days prior to the date of the hearing.

(b)

Signs posted. Where application is made for a proposed amendment to the zoning map, the applicant shall post, the same day an application for a proposed amendment is made, in a conspicuous place on the private property or near the margin of the public right-of-way upon which said property abuts or depends upon for access, one white sign not less than nine square feet, containing the following information in three-inch black letters:

(1)

Name of the applicant.

(2)

Name of the owner, if different.

(3)

Present zoning district of said property.

(4)

Proposed zoning district.

(5)

Date, time and location of the public hearings of the city planning commission and of the city council.

(6)

Name and phone number of the city hall for additional information. Signs shall be placed on the property at 500-foot intervals. If the property in question has a lesser frontage, only one sign is required.

(c)

Letters of abutting property owners. Where application is made for a proposed amendment to the zoning maps, the city clerk shall notify, by regular mail, the owners, as shown by the county tax records, of property that abuts the property that is the subject of the proposed amendment. Such notice shall be mailed at least 15 days prior to the date of the planning commission public hearing and shall include a description of the proposed amendment and the dates, times and places of the public hearings before the planning commission and the city council.

(Ord. of 3-12-2007, art. VIII, § 5)

Whenever a public hearing is required by this article or by state law prior to a zoning decision, such public hearing, whether conducted by the city council or by the planning commission, shall be conducted in accordance with the following procedures:

(1)

The presiding officer shall call the public hearing to order.

(2)

The presiding officer shall explain the procedures to be followed in the conduct of the public hearing.

(3)

If the subject of the hearing is a zoning decision initiated by a petitioner other than the city council, the petitioner requesting such zoning decision or the petitioner's agent shall be recognized first and shall be permitted to present and explain the request for the zoning decision. If the request for a zoning decision is initiated by the city council, all members of the council shall be allowed to speak as they are recognized by the presiding officer, regardless of whether such council member speaks in favor of or in opposition to the proposed zoning decision. Thereafter, all individuals shall be permitted to speak in favor of the zoning decision.

(4)

After all individuals have had an opportunity to speak in accordance with subsection (3) of this section, those individuals present at the public hearing who wish to speak in opposition to the requested zoning decision shall have an opportunity to speak.

(5)

When any person wishes to speak at a public hearing, he shall raise his hand and, after being recognized by the presiding officer, shall stand and give his name and address, and make any comment appropriate to the proposed zoning decision.

(6)

No time limit shall be imposed upon any person speaking at a public hearing, but all speakers are urged to make their comments brief and avoid repeating other comments.

(7)

In the case of an application for a proposed amendment to the zoning ordinance text or maps, the applicant shall have an opportunity, after all comments in opposition have been made, to make summary remarks, concerning the proposed zoning decision.

(8)

Thereafter, the presiding officer shall announce that the public hearing for the requested zoning decision is closed. The planning commission shall then convene its business session to consider the proposed amendment and shall, at that time, take action on its recommendation to the city council. At the close of the public hearing before the city council, the council shall immediately convene its business session and consider the recommendation for the zoning decision and take action on the proposed amendment.

(Ord. of 3-12-2007, art. VIII, § 6)

(a)

All applications for proposed amendments shall be reviewed by the planning commission in a public hearing in accordance with the procedures set forth in section 44-183.

(b)

The planning commission shall review and consider a recommendation to the city council with respect to the application for a proposed amendment. The planning commission may decide not to make a recommendation, or it may make any of the following recommendations with respect to an application for a proposed amendment:

(1)

Approve or deny the application for proposed amendment.

(2)

Deferral to a specific meeting date.

(3)

Allow withdrawal of the proposed amendment.

(4)

Reduce the land area for which the application is made.

(5)

Change the zoning district requested.

(6)

Impose zoning conditions.

If no recommendation is decided by the planning commission, then it shall report to the city council that it makes no recommendation on the application.

(c)

The planning commission shall submit its recommendation or report of no recommendation on an application for a proposed amendment to the city council prior to the scheduled public hearing in which the city council will consider the application for a zoning decision. If the planning commission fails to submit a recommendation or report prior to the public hearing, the planning commission's recommendation shall be deemed to be one of approval.

(Ord. of 3-12-2007, art. VIII, § 7)

(a)

Before taking action on a proposed amendment and after receipt of the planning commission recommendations or reports thereon, the city council shall hold a public hearing on the proposed amendment.

(b)

So that the purpose of this chapter will be served and so that health, public safety and general welfare will be secured, the city council in its decision on the application for a proposed amendment may, in its legislative discretion:

(1)

Approve or deny the application for proposed amendment.

(2)

Defer the decision until a specific meeting date.

(3)

Require the applicant to file a site plan or other plans regarding the project development and defer action to a later meeting date.

(4)

Allow a withdrawal of the application by the applicant if requested. The city council shall determine at this time whether the withdrawal shall be subject to the 24-month interval before re-filing.

(5)

Reduce the land area for which the application is made.

(6)

Change the zoning district requested.

(7)

Add or delete zoning conditions.

(Ord. of 3-12-2007, art. VIII, § 8)

Whenever the city shall exercise its zoning power, the following standards are considered relevant in balancing the city's interest in promoting the public health, safety, or general welfare against the unrestricted use of property:

(1)

Whether the zoning decision will permit a use that is suitable in view of the use and development of adjacent or nearby property.

(2)

Whether the zoning decision will adversely affect the existing use of adjacent or nearby property.

(3)

Whether the property affected by the zoning decision has a reasonable economic use as currently zoned.

(4)

Whether the zoning decision will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

(5)

Whether the zoning decision conforms with the policy and intent of an adopted land use plan.

(6)

Whether other conditions exist that affect the use and development of the property in question and support either approval or denial of the zoning decision.

(Ord. of 3-12-2007, art. VIII, § 9)

(a)

The county building inspector shall have the authority to approve the following minor alterations of zoning conditions, provided such alterations would not change the purpose intended for such zoning conditions and would not adversely affect city services or other property:

(1)

Building relocation.

(2)

Curb cut relocation.

(3)

Traffic circulation changes due to topographic, environmental or other design factors.

(4)

Parking design.

(5)

Utility relocation.

(b)

An owner of the property or his authorized agent may file an application to amend any zoning conditions which have been made a part of a zoning decision by the city council if such changes requested cannot be affected under the provisions of subsection (a) of this section. Such application shall be processed in accordance with the same procedures as those required for applications for proposed amendments to the zoning maps as provided in this article.

(Ord. of 3-12-2007, art. VIII, § 10)

Application for amendment to this article shall be made on forms provided by the city clerk. All information required on said forms shall be provided by the applicant. No form shall be accepted by the city clerk unless it contains all pertinent information and is accompanied by the required fee to defray expenses. The fees for application for amendment to this article shall be established by the city council, from time to time.

(Ord. of 3-12-2007, art. VIII, § 11)