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Reinbeck City Zoning Code

165.23 AMENDMENTS

INCLUDING REZONING.

1.   The City Council may, from time to time, on its own action or on petition after report by the Commission, amend, supplement, or change the boundaries or regulations herein or subsequently established. However, no such amendment, supplement, restriction, change of boundaries, or regulations shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The notice of the time and place of the hearing shall be published as provided in the Code of Iowa, except that at least seven days notice must be given and in no case shall the public hearing be held earlier than the next regularly scheduled Council meeting following the published notice. The notice shall be published in a paper of general circulation in the City. Such amendment, supplement, or change shall not become effective except by a favorable vote of a majority of all of the members of the Council following the public hearing.
2.   Whenever any person desires that any amendment, supplement, or change be made in this Zoning Code, including the text or map, as to any property in the City, and there shall be presented to the Planning and Zoning Commission a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of 50 percent of the area of all real estate included within the boundaries of said tract as described in said petition, and in addition, duly signed by the owners of 50 percent of the area of all real estate lying outside of said tract but within 250 feet of the boundaries thereof. The petition shall be submitted to the City Clerk 30 days in advance of the date on which action is to be taken by said Commission regarding its recommendation thereon. This action shall not act as a stay upon the proposed action by the Council where said Commission fails to submit its recommendation to the Council within 30 days after the City Clerk receives said petition.
3.   In case the proposed amendment, supplement, or change is disapproved by the Zoning Commission, including the text or map, or a protest is presented duly signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or of those immediately adjacent to the rear thereof, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of at least four-fifths of all members of the Council.
4.   Whenever any petition for an amendment, supplement, or change of the zoning regulations herein contained or subsequently established shall have been denied by the Council, then no new petition, including the text or map, covering the same property and additional property shall be filed with or considered by the Council until one year shall have elapsed from the date of the filing of the first petition. Provided, however, the Council may, in its discretion, by resolution, authorize the filing of a new petition within one year, upon its showing that an enforcement of this provision would impose an undue hardship upon the owner of such real estate.
5.   Fees. Before any action shall be taken as provided in this section, the owner of the property proposed or recommended to be changed in the district regulations or district boundaries shall pay to the Clerk a filing fee in an amount established from time to time by resolution of the City Council.