The city declares the enactment of these regulations governing the use and development of land, buildings and structures to be 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; and

(3)

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

(Ord. 2009-378A, 2-23-2009)

The City Council may from time to time, after public hearings required by law, amend, supplement or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement or change to the text of the zoning ordinance and/or the zoning map any change in the classification or boundaries of the zoning districts may be ordered for consideration by the City Council, may be initiated by the Planning and Zoning Commission, the City Council, or may be requested by the owner of the affected real property or the authorized representative of an owner of affected real property.

(Ord. 2009-378A, 2-23-2009)

(a)

Upon filing of an application for an amendment to the zoning ordinance and map, the Planning and Zoning Commission and City Council shall hold a public hearing on the application.

(b)

Written notice of the hearings shall be sent to the owner of the property or his or her agent and to all owners of real property lying within 200 feet of the property on which the change in classification is proposed, the notice, mailed first-class, is to be given not less than ten days before the date of the hearing, to all owners who have rendered their the properly for city taxes as the ownership appeared on the last approved city tax roll. The notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to the owners shall be given by one publication in the official newspaper at last 15 days before the time of the hearing. Failure of property owners to receive notice of the hearing shall in no way affect the validity of the action taken.

(Ord. 2009-378A, 2-23-2009; Ord. 2015-496, 1-15-2015)

(a)

If, at the conclusion of the hearing, the Planning and Zoning Commission recommends amendment of this chapter to the City Council, the recommendation shall be by resolution of the Planning and Zoning Commission carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

(b)

The Planning and Zoning Commission may recommend denial of an application with or without prejudice against the applicant to re-file the application. If the Commission recommends denial of the application and fails to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being recommended for denial without prejudice against refiling. If it is later determined by the Commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.

(Ord. 2009-378A, 2-23-2009)

(a)

If the Planning and Zoning Commission has recommended approval or denial of an application, the City Council shall set the application for public hearing and shall give notice of the time and place of the hearing by one publication in the official newspaper at least 15 days prior to the hearing and, in addition, shall send written notices to the owner of the property or his or her agent, and to all property owners of real property lying within 200 feet of the subject property pursuant to section 157.512.

(b)

If the Planning and Zoning Commission has recommended to the City Council that a proposed amendment be disapproved, the City Council may refuse to adopt the amendment by a minimum of a simple majority vote of the Council members of the city. However, in order to adopt the amendment which has been recommended for disapproval by the Planning and Zoning Commission, the amendment shall not become effective, except by the favorable vote of a minimum of 75 percent of all members of the City Council.

(c)

When the Planning and Zoning Commission has recommended to the City Council that a proposed amendment be approved, the City Council may disapprove the petition or application for amendment by a minimum of 75 percent vote of the City Council members of the city. In the event of a tie vote of the City Council members present and voting, the Mayor may cast the deciding vote.

(d)

In the case of a protest against an amendment to the ordinance signed by the owners of 20 percent or more either of the area of the lots or land immediately adjoining the area included in the proposed change and extending 200 feet from that area, the amendment shall not become effective, except by the favorable vote of a minimum of 75 percent of all members of the City Council.

(e)

In making its determination, the City Council shall consider the following factors:

(1)

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the city as a whole;

(2)

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings;

(3)

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of the vacant land unsuitable for development;

(4)

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed changes;

(5)

The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether the designation for other areas should also be modified; and

(6)

Any other factors which will substantially affect the public health, safety, morals or general welfare.

(f)

In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the City Council shall further consider whether the application shall be denied with or without prejudice against re-filing. If the City Council shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that the application is being denied without prejudice against re-filing. If an application is denied with prejudice, no application may be filed for all or part of the subject tract of land for a period of one year from the date of denial by the City Council. If it is determined by the Planning and Zoning Commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.

(Ord. 2009-378A, 2-23-2009)

(a)

In case the application for an amendment to the zoning ordinance is denied by the City Council, the application shall not be eligible for reconsideration for one year subsequent to the denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the Planning and Zoning Commission, to be eligible for consideration within one year of the denial of the original application.

(b)

In the event of a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered to be substantially different from the application denied.

(Ord. 2009-378A, 2-23-2009)

If the amending ordinance is not approved within six months from the time of its original consideration, the zoning request, at the option of the City Council, may be recalled for a new public hearing.

(Ord. 2009-378A, 2-23-2009)

Amendments to the zoning ordinance not involving a particular property but involving change in the zoning regulations generally do not require notice to individual property owners. In those cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than 15 days from the date of the publication.

(Ord. 2009-378A, 2-23-2009)

(a)

A final zoning order, requirement, decision, or determination made by a City Code Compliance Officer in the enforcement of any city zoning ordinance that is appealable in accordance with Ord. 2011-420, shall be appealable only to the Board of Adjustment, which maintains exclusive appellate authority over such final zoning orders, requirements, decisions, or determinations made by a City Code Compliance Officer.

(b)

Final zoning orders, requirements, decisions, or determinations made by a City Code Compliance Officer shall not be appealed to the City's Planning and Zoning Commission. The Planning and Zoning Commission shall have no authority to evaluate the final zoning orders, requirements, decisions, or determinations of a City Code Compliance Officer. Any such appellate authority maintained by the Planning and Zoning Commission is hereby removed. Any attempt to make such an appeal to the City's Planning and Zoning Commission, or to any entity other than the Board of Adjustment, shall not toll the deadline for appeals to the Board of Adjustment.

(c)

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this section are severable and, if any phrase, sentence, paragraph or section of this chapter should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter, since the same would have been enacted by the City Council without the incorporation in this chapter of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision, and to this end the provisions of this chapter are declared to be severable.

(d)

To the extent any prior ordinance of the city (or any provision, clause, phrase, sentence or paragraph contained therein) conflicts with this chapter all of its provisions, clauses, phrases, sentences or paragraphs are controlling.

(Ord. 2011-421, 5-19-2011)

Cross reference— Action, Board of Adjustment, see §§ 30.50 and 30.51

Any person or corporation violating any of the provisions of this chapter shall, upon conviction, be fined a sum not to exceed $2,000.00 per day and each and every day that the provisions of this chapter are violated shall constitute a separate and distinct offense. In addition to the penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district where the property owner may be affected or invaded by a violation of the terms of the ordinance to bring suit in the court or courts having jurisdiction thereof and obtain the remedies as may be available at law and equity in the protection of the rights of the property owners.

(Ord. 2009-378A, 2-23-2009)