An amendment to the text or the zoning map of the ordinance codified in this title may be initiated by the city council, by the planning commission, or by application of a property owner or his authorized agent only at the regularly scheduled meetings.

(Code 1962, § 25-10-101; Ord. No. 424-1973, § 1; Code 1977, § 17.44.010)

Amendments to this title shall be in accordance with the laws of the state which require the following action before adoption of any such amendment:

A.

Study and recommendation on the proposed amendment by the planning commission; and

B.

Completion of a public hearing before the city council after at least 15 days notice of the time and place of such hearing has been given by at least one publication in a newspaper of general circulation within the city.

(Code 1962, § 25-10-102; Ord. No. 424-1973, § 1; Code 1977, § 17.44.020)

Before submitting a report and recommendation on any proposed amendment to this title, as required in subsection 17.44.020.A, the planning commission shall hold a public hearing on the proposed amendment with the following special conditions required:

A.

A notice of such hearing shall be published in a newspaper of general circulation within the city at least 15 days prior to the hearing date.

B.

For proposed amendments to the zoning district map, the planning division shall cause to be sent by first class mail a written notice of such hearing, at least 15 days prior to the hearing date, to property owners within 750 feet of the area in question, as such ownership is available in the city clerk's office. In addition, a notice declaring that rezoning is being applied for shall be posted, at least 15 days prior to the hearing on the property proposed for rezoning, along the part of such property fronting on a street.

C.

The planning commission within 30 days following the public hearing or within such time as is mutually agreed upon by the planning commission and the applicant, shall either recommend approval of the application, approval with modifications, or denial of the application, with such recommendation of the planning commission being transmitted to the city council.

D.

For proposed amendments to the zoning ordinance, a fee shall be charged to cover the cost of advertising and processing. Such fee shall be in an amount established annually by the city manager in accordance with section 17.04.080.

(Code 1962, § 25-10-103; Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 35; Code 1977, § 17.44.030; Ord. No. 769-1982; Ord. No. 1291-1998, § 9, 1-19-1999; Ord. No. 1837-2022, § 8, 8-16-2022)

When the zoning district map is in any way to be changed or amended incidental to or as a part of a general revision of the zoning ordinance, whether such revision is made by repeal of the existing zoning ordinance and enactment of a new zoning ordinance or otherwise, the notice by posting and mailing provided for in section 17.44.030 shall not be required.

(Code 1962, § 25-10-104; Ord. No. 424-1973, § 1; Code 1977, § 17.44.040)

A.

For the purpose of establishing and maintaining sound, stable and desirable development within the city, the rezoning of land is to be discouraged. Rezonings should only be considered if:

1.

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the city's comprehensive plan;

2.

The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area;

3.

The proposed rezoning is necessary in order to provide land for a community-related use which was not anticipated at the time of the adoption of the city's comprehensive plan, and such rezoning will be consistent with the policies and goals of the comprehensive plan; or

4.

The rezoning would only permit development which, if evaluated as a proposed annexation under the annexation standards and procedures codified in title 16, would qualify for annexation.

B.

This declaration of policy for rezoning shall not control a rezoning which occurs incidental to a comprehensive revision of the city's zoning map.

(Code 1962, § 25-10-105; Ord. No. 424-1973, § 1; Ord. No. 502-1976, § 7; Code 1977, § 17.44.050)

No amendment changing the zoning classification of any lot, parcel or tract of land shall be adopted unless such lot, parcel, or tract has 75 feet of frontage on a public street; has 7,500 square feet of area; or abuts on a lot, parcel or tract of land that has the same zoning classification as that which is proposed for the property which is the subject of the proposed amendments.

(Code 1962, § 25-10-106; Ord. No. 424-1973, § 1; Code 1977, § 17.44.060)

In granting an amendment to the zoning map, upon the application by property owner for such rezoning, the city council may require the dedication of additional street rights-of-way where the nature of the proposed development warrants increased street width; and the city council may require permanent screen strips or other devices to minimize conflict with residential land use.

(Code 1977, § 17.44.070; Ord. No. 769-1982, § 6)

A.

Zoning of land in the process of annexation may be done in accordance with the procedure and notice requirements of this chapter. The proposed zoning ordinance shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading, but the ordinance annexing the property can also zone the property. If the zoning process is commenced prior to the effective date of the annexation ordinance, the legal protest area for rezoning shall be determined solely on geographic location, irrespective of whether the land in such legal protest area is within or without, or partly within and partly without, the city limits.

B.

Any area annexed shall be brought under the provisions of this title and the map thereunder within 90 days from the effective date of the annexation ordinance, irrespective of any legal review which may be instituted challenging the annexation. During such 90-day period, or such portion thereof as is required to zone the territory, the city shall refuse to issue any building permit for any portion or all of the newly annexed area.

C.

An application for initial zoning of annexed territory shall be accompanied by an application fee in an amount set by the city manager in accordance with section 17.04.080.

(Code 1962, § 25-10-108; Ord. No. 424-1973, § 1; Code 1977, § 17.44.080; Ord. No. 1291-1998, § 10, 1-19-1999)

The city clerk shall maintain a record of amendments to the text and map of the ordinance codified in this title in a form convenient for the use of the public.

(Code 1962, § 25-10-109; Ord. No. 424-1973, § 1; Code 1977, § 17.44.090)