1.   The Board of Adjustment shall consist of five members appointed by the City Council. Terms shall be as provided by the Code of Iowa. The Mayor shall have power to remove any member of the Board of Adjustment for cause upon written charges and after public hearing.

   2.   The meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. Such Chairperson or, in the absence of the Chairperson, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record. The presence of three members shall be necessary to constitute a quorum.

   1.   Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within 20 days of the decision by filing with the Zoning Administrator and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed is taken from.

   2.   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustment, after notice of appeal shall have been filed with said official, that by reason of the facts stated in the certificate, a stay would, in the opinion of the Zoning Administrator, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may not be granted by the Board of Adjustment, or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.

   3.   The Board of Adjustment shall fix a reasonable time for the hearing on the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent, or by attorney. Before an appeal is filed with the Board of Adjustment, the appellant shall pay a fee according to the Schedule of Fees. See City of Sergeant Bluff Master Fee Schedule, which is on file in the Office of the Zoning Administrator.

   1.   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Administrator in the enforcement of this Zoning Code.

   2.   To grant a variation from the terms of this Zoning Code; provided, however, all variations granted under this clause shall be in harmony with the intent of this Zoning Code and the applicable State Statute Code of Iowa Section 414.7. In granting approval or conditional approval of a variance, the Board of Adjustment shall prepare written findings of fact that all of the conditions below apply to the application:

      A.   That granting the variance shall not be contrary to the public interest.

      B.   That without grant of the variance, and due to special conditions, a literal enforcement of the Zoning Code will result in unnecessary hardship. Unnecessary hardship exists when:

         (1)   The land in question cannot yield a reasonable return if used only for a purpose allowed in the zone.

         (2)   The plight of the owners is due to unique circumstances and not to the general conditions of the neighborhood.

         (3)   The use to be authorized by the variance will not alter the essential character of the locality.

   C.   The spirit of the Zoning Code shall be observed even when the variance is granted.

   D.   Substantial justice shall be done as a result of granting the variance.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code and punishable under this Zoning Code. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this Zoning Code in the District involved, or any use expressly or by implication prohibited by the terms of this Zoning Code in said District.

   3.   To permit the following exceptions to the District regulations set forth in the Zoning Code, provided all exceptions shall be their design, construction and operation adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property, shall not impair an adequate supply of light and air to adjacent property, shall not increase congestion in the public streets, shall not increase public danger of fire and safely, and shall not diminish or impair established property values in surrounding areas:

      A.   To permit erection and use of a building or the use of premises or vary the height, yard, or area regulations in any location for a public service corporation for public utility purposes, or for purposes of public communication, which the Board of Adjustment determines is reasonably necessary for the public convenience or welfare.

      B.   To permit the extension of a zoning district where the boundary line of a district divides a lot in single ownership as shown of record or by existing contract or purchase at the time of the passage of this Zoning Code, but in no case shall such extension of the district boundary line exceed 50 feet in any direction.

   4.   To issue conditional use permits in accordance with Sections 165C.01 through 165C.12 of this Zoning Code and decide such matters as may be required by other sections of this Zoning Code.

An application filed in accordance with this chapter shall include the following:

   1.   The specific provision of this Zoning Code from which the variance is sought.

   2.   The justification for the variance in light of the standards set forth in this chapter.

   3.   How the granting of the requested variance relates to the intent and purpose of this Zoning Code and land use policies within the Comprehensive Plan.

   4.   Any Site Development Plan to which the proposed variance is related.

Review of an application for variance shall be conducted by the Zoning Board of Adjustment and shall be in accordance with the following:

   1.   Application Review. The Zoning Board of Adjustment shall review applications so submitted at its next regularly scheduled meeting following submittal. Applications must be submitted at least 14 days prior to the regularly scheduled meeting of the Board in order to be received at said meeting. Upon review of the application, the Board shall either accept the same as complete or return an incomplete application to the applicant with an explanation of the submittal requirements not met.

   2.   Public Hearing Required. Prior to disposition of an application for a variance, the Zoning Board of Adjustment shall hold a public hearing. Notice of the public hearing shall be by mail, in accordance with City policy and procedure. Posted notice shall also be provided in accordance City and State codes.

   3.   Review and Disposition.

      A.   The Zoning Board of Adjustment shall act upon all applications for a variance in accordance with the requirements set forth in the Code of Iowa.

      B.   In granting any variance, the Zoning Board of Adjustment may prescribe appropriate conditions and safeguards to promote the purposes and protect the integrity of this Zoning Code. Violations of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code.

In exercising the above mentioned powers, the Board of Adjustment may, in conformity with the provisions of law, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determinations as it believes proper, and to that end shall have all the powers of the Zoning Administrator. The concurring vote of three of the members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Code; provided, however, that the action of the Board of Adjustment shall not become effective until after the resolution of the Board of Adjustment, setting forth the full reason for its decision and the vote of each member participating therein, has been filed. Such resolution, immediately following the Board of Adjustment’s final decision, shall be filed in the office of the Board of Adjustment, and shall be open to public inspection. Every variation and exception granted or denied by the Board of Adjustment shall be supported by a written testimony or evidence submitted in connection therewith. Any taxpayer, or any officer, department, board or bureau of Sergeant Bluff, or any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board of Adjustment.

The purpose of this section is to prescribe the processes and review methods required for any new site plan or proposed development within the jurisdiction of Sergeant Bluff. This section is intended to:

   1.   Plan for and review proposed development or redevelopment of property.

   2.   Provide approval procedures for all types of site plans.

   3.   Insure the orderly and harmonious development of property.

   4.   Promote the most beneficial relationship between uses of land.

   5.   Provide for orderly and efficient circulation of traffic within the development and throughout the City.

   6.   Insure that the proposed development or redevelopment is within the capacity limitations of public facilities and services.

   7.   Insure adequate provision for surface and subsurface drainage.

   8.   Provide for suitable screening of parking, truck loading, refuse disposal, and outdoor storage from adjacent property.

The City encourages all developers to schedule a pre-application meeting with the City, prior to a formal Development Review Committee meeting, in order to determine any major issues which could be critical to the future approval of an application.

The Development Review Committee shall consist of the following individuals:

   1.   City Administrator

   2.   City Zoning Administrator

   3.   Public Works Director

   4.   City Engineer, if necessary

   5.   City Attorney, if necessary

   6.   Any other necessary City Department heads

   7.   Consultants, if necessary

Any consulting fees for consultants acting on behalf of the City during the review process may be charged to the applicant. The Committee shall keep a record of all discussions throughout a process. The Development Review Committee determinations, on major site plans only, will be handled as follows: (i) be forwarded to the Planning and Zoning Commission to be considered at a public hearing; and (ii) City Council to be considered after a City Council public hearing.

   1.   Purpose. The site plan and development review procedure provides for the administrative review and acceptance by the Planning and Zoning Commission and City Council in addition to the plan review required by other sections of this Code of Ordinances. The review process is designed to review and mitigate issues on projects having potentially significant effects on traffic circulation or a significant effect on land uses in adjacent neighborhoods.

   2.   Issuance of Permits.

      A.   All site plans shall be submitted, reviewed, and approved prior to the issuance of a building/zoning permit for the development or redevelopment of any lot, tract or parcel of land in any of the zones.

      B.   Exceptions. No site plan shall be required for the development or redevelopment of a single-family dwelling and/or any dwelling containing four units or less, in any Zoning District, or for a project that meets the following conditions:

         (1)   The development or redevelopment does not require the provision of any additional parking spaces.

         (2)   The development or redevelopment does not increase the rate of storm water runoff as determined by the City Public Works Department.

      C.   Number of Copies. An application for site development plan approval, filed in accordance with this section shall be accompanied by the following:

         (1)   Seven copies of minor site development plans; or

         (2)   Seven copies of major site development plans and one reduced copy of the major site development plan no larger than 11 inches by 17 inches.

   3.   Administration. The development review committee as described in Section 165E.08 shall review, evaluate, and act on all required site plans, master plans, proposed developments, and planned developments submitted pursuant to this procedure. An applicant may appeal a denial of any application to the appropriate body.

   4.   Major Site Development Conditions. The following selected uses or conditions shall be required to follow the site plan and development review procedures prior to the issuance of any building permit. These reviews shall be subject to a public hearing by the Planning and Zoning Commission and the City Council as shown. The following uses and conditions shall activate the site plan and development review committee process:

      A.   Multiple family developments with more than four dwelling units unless previously approved in a Master Plan application.

      B.   Any proposed Master Plan for a mixed use development.

      C.   New education facilities and additions greater than 10,000 square feet.

      D.   Any construction of commercial, office, or civic structures over 10,000 square feet in building area.

      E.   Any industrial use.

      F.   Any commercial/office development proposed near any intersection with streets considered a collector and/or arterial unless previously approved in a Master Plan application.

      G.   Any development within an Urban Renewal Area (TIF District).

      H.   Any other sites/developments deemed necessary by City staff at the time of application.

      I.   Assembly buildings and halls.

   5.   Minor Site Development Conditions.

      A.   Minor site development review shall only apply to developments and redevelopments not listed in Subsection 4 above or those meeting the exceptions in Subparagraph 2(B) above.

      B.   Minor site development review shall only include the building and zoning officials and any necessary Public Works staff.

   6.   Major Site Plan Review Application Process. An application for a site plan, master plan and/or development review shall be required from the applicant or the applicant’s authorized agent with the Development Review Committee. The application shall be filed with the City and shall follow the procedures below:

      A.   No review will be scheduled until the application is considered to be complete.

      B.   Once all required items are provided to the City and the Development Review Committee, the process shall commence.

      C.   The Development Review Committee shall review the application and make the necessary comments and recommendations; then the application and comments shall be returned to the applicant.

      D.   The applicant shall address the comments with solutions or provide evidence why the compliance with specific comments and requests are not feasible.

      E.   The Development Review Committee shall review the applicants’ replies, only after all comments and modifications have been addressed.

      F.   The Development Review Committee, once all issues have been resolved, shall provide a basis for supporting the decision and any basis for not supporting the decision.

   7.   Major Site Plan Review Application Requirements.

      A.   It is the intent of the City to insure that site plans be prepared with a high degree of accuracy and insure proper coordination of the site plan development and review responsibilities, which serve to facilitate compliance with the requirements of the City. To accomplish this intent, the applicant shall provide copies of a site plan, drawn to scale on a sheet not to exceed 24 inches by 36 inches, prepared by a civil engineer, a land surveyor, a landscape architect, or an architect. The site plan must be certified as substantially correct by a professional engineer, land surveyor, landscape architect, or architect, licensed by the State of Iowa.

      B.   The application shall include the following information:

         (1)   Name and address of the applicant.

         (2)   Owner, address, and legal description of the property.

         (3)   A description of the nature and operating characteristics of the proposed use.

         (4)   A site plan and/or Master Plan, drawn to a scale sufficient to permit adequate review and dimensioned as necessary, showing the following information:

            a.   The date, scale, north point, title, name of owner, and name of person preparing the site plan.

            b.   The location and dimensions of boundary lines, easements, and required yards and setbacks of existing and proposed buildings and site improvements.

            c.   The location, size, and use of proposed and existing structures on the site or development.

            d.   The location of all proposed site improvements, including parking and loading areas, pedestrian and vehicular access, ingress and egress points.

            e.   The location and size of sanitary sewer mains and service lines or septic tank and leaching fields.

            f.   The location and size of water mains, services lines and hydrants and/or water wells.

            g.   Location and size of the proposed electrical service (electrical riser diagram) and location of high pressure gas lines and high tension transmission lines.

            h.   The location and size of sidewalks, fencing, screening, landscaping, buffers and lighting.

            i.   Location of any major site feature, including drainage and contours at no greater than two foot intervals.

            j.   Location of waterbodies, watercourses, swamps and flood-prone areas with delineated channel encroachment lines, wetland boundary lines, 100-year floodplain boundary line, and floodway boundary line.

         (5)   Location of all storm drainage facilities on the property and adjacent to the property.

         (6)   When an application is located in a flood-prone area include existing and proposed site grades, contours or elevations, base flood elevation data, top-of-foundation elevations, finished floor elevations, and any proposed watercourse relocation.

         (7)   A sediment and erosion control plan meeting the requirements of the City and the State and Sediment Control.

         (8)   A storm water management plan meeting the requirements of the City and the State.

         (9)   Soils tests, traffic impact studies, utility capacity analysis, and other similar information if deemed necessary by the Development Review Committee to determine the feasibility of the proposed development.

   8.   Design Standards. When acting upon an application for a major site plan approval, the City Council shall rely upon generally accepted site planning criteria and design standards. These criteria and standards are necessary to fulfill the intent of the Zoning Ordinance, and are the minimum necessary to safeguard the public health, safety, aesthetics, and general welfare. These criteria and standards include:

      A.   The design of the proposed development shall make adequate provisions for stormwater/sewer, sanitary sewer, water, and streets in accordance with the Iowa Statewide Urban Design and Specifications (SUDAS) and any City approved supplements to SUDAS.

      B.   The design of the proposed development shall make adequate provision for fire protection through building placement, acceptable location of flammable materials, and other measures to ensure fire safety.

      C.   The design of the proposed development shall not increase the danger of erosion, flooding, landslide, or other endangerment to adjoining and surrounding property.

      D.   Natural topographic and landscape features of the site shall be incorporated into the development design.

      E.   The design of interior vehicle and pedestrian circulation shall provide for convenient flow of vehicles and movement of pedestrians and shall prevent hazards to adjacent streets or property.

      F.   The design of outdoor parking areas, storage yards, trash and dumpster areas, and other exterior features shall be adequately landscaped or screened to minimize potential nuisance and impairment to the use of adjoining property.

      G.   The proposed development shall limit entrances and exits upon adjacent streets in order to prevent congestion on adjacent and surrounding streets and in order to provide for safe and orderly vehicle movement.

      H.   Exterior lighting shall relate to the scale and location of the development in order to maintain adequate security, while preventing a nuisance or hardship to adjacent property or streets.

      I.   The proposed development shall ensure that dust and other forms of air pollution, noise disturbances, odor, glare, and other nuisances will be limited to acceptable levels as prescribed in other applicable State and City regulations.

      J.   Site coverage, building scale, setbacks, and open spaces shall be in proportion with the development property and with existing and planned development and structures, in adjacent and surrounding property.

   9.   Other Approvals. In conjunction with major site development plan approvals, the applicant shall obtain and submit all other approvals, in writing, required by any other local, State or federal agency. Such prior approvals shall include as appropriate:

      A.   Variance from Board of Adjustment.

      B.   Conditional use permits from the Board of Adjustment.

      C.   Floodplain development permit.

      D.   Iowa Department of Transportation permits.

      E.   National Pollution Discharge Elimination System (NPDES) permits.

Any such approvals shall be duly noted on a copy of the site plan and/or building plan, as applicable. Any such plan shall include the date of approval and signature of the approving official, as applicable.

   10.   Review and Evaluation.

      A.   The Development Review Committee shall review and recommend specific criteria on the application based upon the criteria established in Subsection 4 of this section and compliance with applicable regulations found within this Zoning Code and other provisions of this Code of Ordinances.

      B.   The Development Review Committee, shall determine before approval of the any plan in front of the Committee:

         (1)   The proposed development, together with any necessary modifications, is compatible with the criteria.

         (2)   Any required modifications to the site plan or development plan are reasonable and are necessary to minimize potentially unfavorable effects.

         (3)   The plan conforms to the Zoning Code.

   11.   Modification of Site or Development Plan The Development Review Committee, Planning and Zoning Commission, and/or the City Council may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include, but not be limited to:

      A.   Additional landscaping or screening.

      B.   Installation of erosion control measures.

      C.   Improvement of access or circulation.

      D.   Rearrangement of structures on the site.

      E.   Other modifications deemed necessary to protect the public health, safety, welfare, community character, property values, and/or aesthetics.

   12.   Term and Modification of Approval.

      A.   A site or development plan approval shall become void two years after the date of approval, unless the applicant receives a building permit and diligently carries out development prior to the expiration of this period.

      B.   The Development Review Committee, Planning and Zoning Commission, and City Council may approve an application to modify a previously approved site plan if they determine the modification does not negatively impact the general vicinity.

      C.   The City Council, after recommendation from the Development Review Committee and Planning and Zoning Commission, may revoke a site or development plan approval if they determine the development is not complying with the terms and conditions of the approval.

      D.   Modifications to the plan shall be required if the approved site and/or development plan or planned development changes uses.

         (1)   The density of the approved application increases by 20 percent or more.

         (2)   The circulation systems change from the approved configuration.

         (3)   Changes to the proposed grading/drainage are made.

         (4)   Proposed infrastructure (water, sanitary sewer, storm water, natural gas) are changed from the approved application.

   1.   Process and Application Requirements. For all uses not listed in Section 165E.09(4) or 165E.09(2)(B), a minor site plan approval by staff or authorized designee shall be required for developments and redevelopments. Staff shall issue a certificate of compliance certifying the minor site development plan conforms with this Zoning Code. Upon receipt of such a certificate, the Building and/or Zoning Enforcement Office shall issue a building/zoning permit.

      A.   Applications for a certificate of compliance shall be submitted to the Zoning Administrator.

      B.   The Zoning Administrator shall prescribe the forms on which applications are made.

      C.   Applications shall include:

         (1)   The name and address of the applicant.

         (2)   The name and address of the owner of each lot involved, and the relationship of the applicant and property owner in connection with the application.

         (3)   If the applicant or property owner listed on an application for a certificate of compliance is an entity other than a natural person, the application shall also include detailed information regarding the principals of the entity.

         (4)   The Zoning Administrator shall prescribe any other material that may reasonably be required to determine compliance with this Zoning Code, with sufficient copies for necessary referrals and records.

         (5)   No application shall be accepted by the Zoning Administrator unless it complies with the submittal requirements.

         (6)   Applications that are not complete shall be returned to the applicant, with a notation of the deficiencies in the application.

         (7)   Where an engineering construction permit, building/zoning permit, or sign permit is required, applications for such    permits may be made concurrently with the application for a certificate of compliance.

   2.   Design Standards. When acting upon an application for minor site plan approval, the Zoning Administrator shall rely upon generally accepted site planning criteria and design standards. These criteria and standards are necessary for fulfill the intent of the Zoning Code and are the minimum necessary to safeguard the public health, safety, aesthetics, and general welfare. These criteria and standards include:

      A.   The design of the proposed development shall make adequate provisions for surface and subsurface drainage to limit the rate of increased runoff of surface water to adjacent and downstream property.

      B.   The design of the proposed development shall make adequate provision for connection to water, sanitary sewer, electrical and other utility lines within the capacity limits of those utility lines.

      C.   The design of the proposed development shall make adequate provision for fire protection through building placement, acceptable location of flammable materials, and other measures to ensure fire safety.

      D.   The design of the proposed development shall not increase the danger of erosion, flooding, landslide, or other endangerment to adjoining and surrounding property.

      E.   Natural topographic and landscape features of the site shall be incorporated into the development design.

      F.   The design of interior vehicle and pedestrian circulation shall provide for convenient flow of vehicles and movement of pedestrians and shall prevent hazards to adjacent streets or property.

      G.   The design of outdoor parking areas, storage yards, trash and dumpster areas, and other exterior features shall be adequately landscaped or screened to minimize potential nuisance and impairment to the use of adjoining property.

      H.   The proposed development shall limit entrances and exits upon adjacent streets in order to prevent congestion on adjacent and surrounding streets and in order to provide for safe and orderly vehicle movement.

      I.   Exterior lighting shall relate to the scale and location of the development in order to maintain adequate security, while preventing a nuisance or hardship to adjacent property or streets.

      J.   The proposed development shall ensure that dust and other forms of air pollution, noise disturbances, odor, glare, and other nuisances will be limited to acceptable levels as prescribed in other applicable State and City regulations.

      K.   Site coverage, building scale, setbacks, and open spaces shall be in proportion with the development property and with existing and planned development and structures, in adjacent and surrounding property.

   3.   Zoning Administrator Decision. Final action by the Zoning Administrator on an application shall be based solely on findings as to compliance with all applicable provisions of this Zoning Code and shall be one of the following:

      A.   Approval.

      B.   Approval subject to conditions.

      C.   Denial.

The Zoning Administrator may impose such reasonable conditions on an approval as are necessary to ensure compliance with applicable regulations. Final action by the Zoning Administrator shall be taken within 30 days of the filing of an application or within such further time consented to by written notice from the applicant.

   4.   Applicant’s Appeal of Conditions. An applicant may appeal any conditional approval to City Council upon written notice to the Zoning Administrator.

   5.   Other Approvals. In conjunction with minor site development plan approvals, the applicant shall obtain and submit all other approvals, in writing, required by any other local, State or federal agency. Such prior approvals may include:

      A.   Variance from Board of Adjustment.

      B.   Conditional use permit from the Board of Adjustment.

      C.   Floodplain development permit.

      D.   Iowa Department of Transportation Permits.

      E.   National Pollution Discharge Elimination System (NPDES) permits.

All such approvals shall be duly noted on a copy of the site plan and/or building plan, as applicable. Any such plan shall include the date of approval and signature of the approval official, as applicable.

 

   1.   Initiation of Change. The City Council may, from time to time, amend, supplement, change, or modify the number, shape, area, or boundaries of the districts or the regulations herein established. Any such amendment may be initiated by resolution of the City Council, or by motion of the Planning and Zoning Commission, or by petition of any property owner addressed to the Planning and Zoning Commission. Petitions for change or amendment shall be on forms and filed with the Zoning Administrator.

   2.   Report from Planning and Zoning Commission. Before taking any action on any proposed amendment, supplement, or change, the Planning and Zoning Commission shall review the application and submit a recommendation to the City Council. Unless the Planning and Zoning Commission shall have transmitted its report upon the proposed changes within 60 days after submission thereof to it, the City Council shall be free to proceed to act on said changes without further awaiting the report of the Planning and Zoning Commission.

   3.   Notice and Hearings. Before submitting its recommendation on a proposed amendment to district boundaries to the City Council, the Planning and Zoning Commission shall hold at least one public hearing thereon, notice of which will be given to all property owners within 200 feet of the property concerned by placing said notice in the United States mail at least seven days before date of such hearing. Notice shall be published of said hearing in a newspaper of general circulation, as required by, and in conformance with, Iowa law. The notice shall state the place and time at which proposed amendment to the Zoning Code, including test and maps, may be examined. When the Planning and Zoning Commission has completed its recommendations on a proposed amendment, it shall certify the same to the City Council. The Planning and Zoning Commission shall hold a public hearing thereon, before submitting its report to the City Council. Notice of public hearings before the Planning and Zoning Commission shall be given by publishing the time, place and nature of the hearing at least once, not less than four or more than 20 days before the date of the hearing in a newspaper of general circulation in the City. The notice shall contain reference to the place or places and times within the City where the text, maps, plans, ordinances, amendments, or changes may be examined and shall state the location of the district affected by naming the township and section and the boundaries of the district shall be expressed in terms of streets or roads, if possible. In case the proposed amendment, supplement, or change be disapproved by the Planning and Zoning Commission, or a protest be presented duly signed by the owners of 20 percent or more of the area included in such proposed change, or of the area immediately adjacent thereto and within 200 feet of the boundaries thereof, such amendment shall not become effective except by the favorable vote of a least three-fourths of all members of the City Council.

   4.   Revision by City Council. Following report from the Planning and Zoning Commission, the City Council shall hold a public hearing and may make appropriate changes or corrections in an ordinance or proposed amendment; provided, however, no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice as required in Subsection 3 of this section.

   5.   Reconsideration, One-Year Limitation. Whenever a petition requesting an amendment, supplement, or change has been denied by the City Council, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.

   6.   Procedure for Change. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the City Council may on its own action or by petition after recommendation by the Planning and Zoning Commission, after public hearings as provided herein, amend, supplement, or change the regulations, district boundaries or classifications of property now or hereafter established by this Zoning Code or amendments thereof. Applications for any change of district boundaries or classifications of property as shown on the Official Zoning Map shall be submitted to the Planning and Zoning Commission at their public office upon such forms and shall be accompanied by such data and information as may be prescribed for that purpose by the Planning and Zoning Commission so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. Applications for amendments of the text or requirements of this Zoning Code shall likewise be submitted to the Planning and Zoning Commission on forms prescribed by it and shall be verified by the person or persons preparing said amendment.

      A.   Before submitting its recommendation on a proposed amendment to the City Council, the Planning and Zoning Commission shall hold at least one public hearing thereon, notice of which shall be given to all property owners within 200 feet of the property concerned by placing said notice in the United States mail at least seven days before date of such hearing. Notice shall also be published of said hearing in a newspaper of general circulation, as required by, and in conformance with, Iowa law. The notice shall state the place and time at which proposed amendment to the Zoning Code, including test and maps, may be examined. When the Planning and Zoning Commission has completed its recommendations on a proposed amendment, it shall certify the same to the City Council.

      B.   After receiving the certification of said recommendations on the proposed amendment from the Planning and Zoning Commission and before adoption of such amendment, the City Council shall hold a public hearing thereon, and notices thereof shall be published in accord with Iowa law. In addition, notices shall be sent by the United States mail as specified in this section.

      C.   After receiving certification of the recommendations on the proposed amendment from the Planning and Zoning Commission and after holding the public hearing provided for, the City Council shall consider such recommendations and vote on the adoption of the proposed amendment. The proposed amendment shall become effective by a favorable vote of a majority of all the members of the City Council.

      D.   Any person or persons desiring a change in the zoning classification of property shall file with the application for such change, a statement giving the names and addresses of the owners of all properties lying within 200 feet of any part of the property proposed to be changed.

      E.   The failure to notify as provided in this subsection shall not invalidate any recommendation of the Planning and Zoning Commission, provided such a failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Planning and Zoning Commission be affected by such amendment or change, shall not invalidate any recommendation adopted hereunder; it being the intention of this subsection to provide so far as may be, due notice to the persons substantially interested in the proposed change that an application is pending before the Planning and Zoning Commission, proposing to make a change in the Official Zoning Map or the regulations set forth in this Zoning Code.

      F.   Each application for an amendment, except those initiated by the Planning and Zoning Commission, shall be accompanied by a check payable to the City of Sergeant Bluff or a cash payment in accord with the Schedule of Fees: Sergeant Bluff Master Fee Schedule, which is on file in the office of the Zoning Administrator. Under no conditions shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law.

      G.   Whenever any petition for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established shall have been denied by the City Council, then no new petition covering the same property and/or additional property shall be filed with or considered by the City Council until one year shall have elapsed from the date of the filing of the first petition.

This Zoning Code is designed to implement various elements of the Comprehensive Plan as required by State statutes. Any amendment to the district ordinances or map shall conform to the Comprehensive Plan adopted by the governing body.