1.   Authority. Amendments to this Zoning Code may be necessary, from time to time, for the purposes of promoting the public health, safety, morals, comfort, and general welfare, conserving the value of property throughout the City, and lessening or avoiding congestion in the public streets and highways. The Council may, from time to time in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Zoning Code. The Code may be amended, provided that in all amendments adopted under the authority of this section, due consideration and allowance(s) will be made for existing conditions, the conservation of property values, the direction of building development to the best advantages of the entire community, and the uses to which the property is devoted at the time of the adoption of such amendment. Any amendment to the floodplain management regulations of this Code must receive prior approval from the Iowa Department of Natural Resources.

2.   Initiation of Amendment. The Council, Planning and Zoning Commission, Building and Zoning Enforcement Officer, or any person having a freehold interest, a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest of an exclusive possessory interest, either of which is specifically enforceable, involving land within the City, may file an application for an amendment to the district map, or any person or entity may file an application for an amendment to the text of this Code with the Building and Zoning Enforcement Officer.

3.   Application for Amendment. An application for an amendment must be filed, in writing, with the Building and Zoning Enforcement Officer. Said application will contain such information as required by the Planning and Zoning Commission. Such application, when accepted for filing by the Building and Zoning Enforcement Officer, will be forwarded along with their recommendations for action, to the Planning and Zoning Commission with the request to hold a public hearing on said application for amendment.

4.   Hearing on Application. Upon acceptance in proper form of the application referred to in Section 170.37(3) above by the Building and Zoning Enforcement Officer, the Planning and Zoning Commission will hold a public hearing on each amendment application within 30 days from the date of acceptance by the Building and Zoning Enforcement Officer of the application at such time and place as will be established by the Planning and Zoning Commission, subject to the provisions of Section 170.35(3).

5.   Notice of Hearing. Notice of the time and place of any such public hearing conducted under this section will be published at least once, not less than seven days, nor more than 20 days before the hearing, in a newspaper of general circulation in the City. In the case of a proposed amendment to the district map, said notice will also be delivered by certified mail not less than seven days, nor more than 20 days, before the hearing to all property owners whose property boundaries lie within 200 feet, inclusive of any and all public and quasi-public right-of-way distances, of the boundaries of the property upon which the proposed amendment is to be considered.

6.   Findings on Amendments and Recommendations of the Planning and Zoning Commission. Within 30 days after the close of the hearing(s) on a proposed amendment, the Planning and Zoning Commission will make written findings of fact and will submit same together with its recommendation(s) to the Council. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the findings of fact and recommendation(s) will include at least the following information:

   A.   Existing use of property within the general area of the property in question;

   B.   The zoning classification of property within the general area of the property in question;

   C.   The suitability of the property in question to the uses permitted under the existing zoning classification;

   D.   The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification; and,

   E.   Minimum Size of Parcel. A lot, lots, or parcel of land will not qualify for a zoning amendment unless it possesses 200 feet of frontage and contains 25,000 square feet of area, or adjoins a lot, lots, or parcel of land which bears the same zoning district classification as the proposed zoning amendment.

   F.   Information and findings specifically addressing PDD proposals;

      (1)   In what respects the proposed PDD plan is consistent with the stated purposes of the PDD requirements.

      (2)   The extent to which the proposed PDD plan meets the requirements and standards of the PDD district.

      (3)   The extent to which the proposed PDD plan departs from the zoning and subdivision regulations otherwise applicable to the subject proposal including, but not limited to, the density, dimensions, area, bulk, and use, and the reasons why such departures are deemed to be in the public interest.

      (4)   The physical design of the proposed PDD and the manner in which said design makes adequate provision for public services, provides adequate control over vehicular traffic, provides for, and protects designated common open space, and furthers the amenities of light, air, recreation, and visual enjoyment.

      (5)   The relationship and compatibility of the proposed PDD plan to the adjacent properties and neighborhood.

      (6)   The desirability of the proposed PDD plan to the physical development, tax base, and economic well-being of the entire community.

      (7)   The conformity with the intent and spirit of the City’s Comprehensive Plan.

      (8)   Specific points noted on the PDD plan that have an impact on its design, function, and visibility in the community.

7.   The Planning and Zoning Commission will not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The Planning and Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. (For the purpose of this Zoning Code, the R-1 District will be considered the highest classification, and the I-2 District will be considered the lowest classification). Further, the Planning and Zoning Commission may recommend the conditional adoption of a zoning classification amendment whereby certain conditions and/or restrictions may be placed on the structures or uses allowed on the property if the zoning classification were to be amended.

8.   City Council to Receive Planning and Zoning Commission’s Report. The Council will not act upon a proposed amendment to this Zoning Code until it shall have received and formally accepted a written report and recommendation(s) from the Planning and Zoning Commission on the proposed amendment(s).

9.   Hearing on Application. The Council will hold a public hearing on each amendment application within 30 days from the date of formal acceptance of the Planning and Zoning Commission's written report and recommendation(s), subject to the provisions of Section 170.37, but the hearing may not be held earlier than the next regularly scheduled Council Meeting following the published notice.

10.   Notice of Hearing. Notice of the time and place of any such public hearing conducted under this section will be published at least once, not less than seven days, nor more than 20 days before the hearing, in a newspaper of general circulation in the City. In the case of a proposed amendment to the district map, said notice will also be delivered by certified mail not less than seven days, nor more than 20 days, before the hearing to all property owners whose property boundaries lie within 200 feet, inclusive of any and all public and quasi-public right-of-way distances, of the boundaries of the property upon which the proposed amendment is to be considered. Supplemental or additional notices may be published or distributed as the Council may require from time to time.

11.   Approval or Denial of Application. As mentioned in Section 170.37, the City Council may approve or deny, or conditionally approve or deny, any application for any amendment, provided however, that if the Council’s action(s) varies materially from the Planning and Zoning Commission’s recommendation(s) or, in the case of a proposed zoning classification amendment, upon the receipt by the Clerk of a written, signed protest by the property owners of 20 percent or more of the area included in the proposed zoning classification amendment, or by the property owners of 20 percent or more of the property which is located within 200 feet, inclusive of any and all public and quasi-public right-of-way distances, of the exterior boundaries of the property which is the subject of the proposed zoning classification amendment, such amendment will not be approved except by the concurring vote of four-fifths of all the members of the Council on the formal resolution considering said amendment. (This protest, if filed, must be filed before or at the originally scheduled public hearing). If the formal resolution considering said amendment is not approved, the matter and process is complete, and no further action(s) will be taken. If the formal resolution considering said amendment is approved, then the final, effective approval of any amendment request occurs only after the successful passage and adoption of the amending ordinance by a simple majority of all of the members of the Council.