This chapter may be amended by changing the boundaries of any district, by changing any district regulation, off-street parking or loading facilities requirement, signs, general provision, exception or other provision thereof in accord with the procedure prescribed in this article.

(Ord. No. 795, § 1400, 5-13-74)

(a)

A change in the boundaries of any district may be initiated by the owner or the authorized agent of the owner of the property or city council by filing an application for a change in district boundaries as prescribed in section 102-343. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

(b)

A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, signs, general provision, exception, or other text amendments of this chapter may be initiated by action of a person, zoning board of appeals or city council, provided that in either case the procedure prescribed in sections 102-343—102-349 shall be followed.

(c)

A proposal for a change in district boundaries initiated by the city council and one initiated by a property owner for all owners for all or part of the same area may be considered simultaneously.

(Ord. No. 795, § 1401, 5-13-74)

An application for an amendment to this chapter shall be filed on a prescribed form with the zoning officer. The application shall include the following information and material:

(1)

Name and address of applicant.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed.

(3)

Address and description of the property.

(4)

Name and address of adjacent property owners.

(5)

The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the location of streets and property lines.

(6)

The application shall be accompanied by a fee as prescribed by a fee schedule adopted by the city council.

(Ord. No. 795, § 1402, 5-13-74)

The zoning board of appeals shall hold at least one public hearing on each application for a change in district boundaries or for a change of a district regulation, off-street parking or loading facilities requirement, signs, general provision, exception or other provision of this chapter within 45 days of the date when the application was filed or the proposal was initiated. Notice of the public hearing shall be given not less than 15 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation in the city and by posting on or adjacent to the property which is the subject of the application. Failure to post notice shall not invalidate the proceedings.

(Ord. No. 795, § 1403, 5-13-74)

At the public hearing the zoning board shall review the application or the proposal and may review pertinent evidence as to why or how the proposed change is consistent with the objectives of this chapter prescribed in section 102-1.

(Ord. No. 795, § 1404, 5-13-74)

All applications and proposals. Within 45 days following the public hearing, the zoning board of appeals shall make a specific finding as to whether the change is consistent with the objectives of this chapter prescribed in section 102-1. The zoning board of appeals shall transmit a report to the city council recommending that the application be granted, granted in modified form, or denied or that the proposal be adopted, adopted in modified form, or rejected, together with a copy of the application, resolution of the zoning board of appeals; the scale drawing of the site and the surrounding area and all other data filed therewith; the minutes of the public hearing; and the findings of the zoning board of appeals.

(Ord. No. 795, § 1405, 5-13-74)

An amendment shall be passed by a majority vote of the city council present. In the following cases, an amendment shall be passed only by the favorable vote of two-thirds of all the members of the city council:

(1)

If a written protest against the proposed amendment is filed with the city clerk, signed, and acknowledged by the owners of 20 percent or more of:

a.

The frontage immediately adjoining or across an alley therefrom.

b.

The frontage directly opposite the frontage proposed to be altered.

(2)

If the land affected by a proposed amendment lies within 1½ miles of the limits of a zoned municipality, and a protest against the amendment is passed by the governing body of the zoned municipality with limits nearest adjacent, and the written objection is filed with the city clerk.

(Ord. No. 795, § 1406, 5-13-74)

No application for an amendment which has been denied wholly or partly by the city council shall be resubmitted for a period of one year from the date of the denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the board of appeals.

(Ord. No. 795, § 1407, 5-13-74)

All territory which is annexed to the city or which is unzoned or becomes unzoned through abandonment of the public street or railroad right-of-way shall be classified in the R1 district. Within 60 days the zoning board of appeals shall make a study of the territory to determine in which zoning district it should be classified in order to carry out the objectives of this chapter prescribed in section 102-1. If the zoning board of appeals finds that a change of district is required, it shall initiate the change as prescribed in subsection 102-342(b). The owner of annexed property or the authorized agent of the owner may file an application for a change in district as prescribed in subsection 102-342(a).

(Ord. No. 795, § 1408, 5-13-74)

(a)

The following fees shall be collected for every property annexed to the city:

Under one acre single lot .....$ 50.00

Between one — ten acre single lot .....100.00

Greater than ten and less than 20 acre single lot .....200.00

Between 20 — 30 acre single lot .....300.00

Greater than 30 and less than 40 acre single lot .....400.00

Greater than 40 acre single lot .....500.00

(b)

Each annexation request shall be accompanied by the following:

An annexation petition;

Legal description of parcel(s) to be annexed;

Annexation map depicting parcels to be annexed;

Natural resources inventory report;

An annexation agreement (if applicable).

(Ord. No. 3385-07, 8-13-07)