(a)

For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the city, this chapter shall not be amended except to correct error in the chapter, or, because of changed or changing conditions in particular areas or in the city generally, or to rezone an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof, all in accordance with the comprehensive plan.

(b)

Subject to the limitations of the foregoing statement of intent, an amendment to this chapter may be initiated by:

(1)

The city council on its own motion;

(2)

The planning and zoning commission;

(3)

Petition.

(Code 1996, § 156.075; Ord. No. 1994-06, 3-1-1994)

The city council in accordance with applicable state law may from time to time amend, supplement, change, modify or repeal the regulation standards and boundaries herein established. In addition, a comprehensive review of the zoning ordinance text and map shall be made by the planning and zoning commission for the purpose of keeping the city current with the development patterns and innovative methods in zoning and examining existing land uses and changes in land uses made by developers and builders within the city in order to ascertain those areas where the patterns of development are changing. The planning and zoning commission, at least every three years shall file a report and recommendation thereon with the mayor and the city council. The three-year time period shall commence upon the date of the adoption of the ordinance from which this chapter is derived.

(Code 1996, § 156.076; Ord. No. 1994-06, 3-1-1994)

(a)

Any person, firm or corporation petitioning the city council for a change in the zoning district map shall do so upon forms provided for such purpose by the office of the city secretary and all petitions for changes shall be filed with the office of the city secretary. Notice shall also be given to the city secretary if the application for change originates with any member of the city council or planning and zoning commission.

(b)

Petitions shall be reviewed by the planning and zoning commission at its regularly scheduled meeting. The planning and zoning commission shall have an agenda that has been posted 72 hours before the meeting.

(Code 1996, § 156.077; Ord. No. 1994-06, 3-1-1994)

(a)

Filing of petition. All petitions for amendments to this chapter shall be in writing, signed, and filed with the city secretary for the presentation to the planning and zoning commission.

(b)

Contents of petition. All petitions for amendments to this chapter shall contain at least the following:

(1)

The petitioner's name, address, and interest in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition.

(2)

The nature and effect of the proposed amendment.

(3)

A full-dimensioned map showing the following will be provided:

a.

The land which would be affected by the proposed amendment.

b.

A legal description of such land.

c.

The present zoning classification of the land.

d.

The zoning classification of all abutting zoning districts.

e.

All public and private rights-of-way and easements bounding and intersecting the land under consideration.

(4)

If the proposed amendment would require a change in the zoning map, the names and addresses of the owners of all land within the area to be changed by the proposed amendment

(5)

The alleged error in this chapter, which would be corrected by the proposed amendment together with a detailed explanation of such error in the chapter, which is alleged, and detailed reasons as how the proposed amendment will correct the same.

(6)

The changed or changing conditions, if any, in the area or in the municipality generally, that make the proposed amendment reasonably necessary.

(7)

Evidence that the petition is in accordance with the comprehensive plan.

(8)

All other circumstances, factors and reasons which applicant offers in support of the proposed amendment.

(Code 1996, § 156.078; Ord. No. 1994-06, 3-1-1994)

(a)

Whenever it is the desire of the majority of the members of the planning and zoning commission or the city council that an amendment or change to the zoning ordinance or district map be proposed and considered at a public hearing or as a result of a petition or application by a person, firm, or corporation, such proposed amendment or change shall be scheduled by the city secretary for a public hearing before a joint meeting of the planning and zoning commission and the city council. Such public hearing shall hereinafter be known as the public zoning hearing.

(b)

Each petition for a public zoning hearing shall be accompanied at the time the hearing is scheduled by a fee as currently established or as hereafter adopted by resolution of the city council from time to time.

(1)

No fee shall be charged for a public zoning hearing on the first hearing after property is annexed into the city.

(2)

No action to amend, supplement, change, modify or repeal the zoning ordinance or the district map shall be final until there shall have been a joint public zoning hearing thereon with public notice of such hearing as herein required.

(c)

Notice of any public hearing involving the zoning ordinance and district map shall be given by publication once in a newspaper of general circulation in the city and designated as the official publication of the city stating briefly the change or amendment to be considered at the hearing and the time and place of such hearing which shall not be less than ten days prior to the public hearing. Such notice shall be sent to the property owners as determined from the most recently approved city tax toll of real property lying within 200 feet of the property on which the change in classification or specific use permit is proposed. Such notice shall be given not less than ten days before the date set for the hearing. The notice shall be made by depositing the same, properly addressed and postage paid, in the United States mail.

(d)

Notice of any public zoning hearing involving the granting of a specific use permit shall be given as set forth in subsection (c) of this section. In addition, written notice shall state the time and place of hearing and give the address of the property proposed for granting of a specific use permit.

(e)

The public zoning hearing shall be a joint meeting of the planning and zoning commission and the city council. Rules of order commensurate with proper conduct, hearing of arguments or receiving of evidence shall be adopted and observed at the hearing. The recording of minutes shall be made of the hearing and shall be maintained or filed in the office of the city secretary. No action on any proposed change, amendment or specific use permit shall be taken by either body at or during the public zoning hearing.

(f)

The planning and zoning commission shall within ten days after a public zoning hearing, hold a regular or special meeting to recommend and act upon changes, amendments or specific use permits considered at such hearing. The members of the planning and zoning commission shall vote on each proposed change, amendment or specific use permit as to their recommendations to the city council for either adoption or denial. The recommendations of the city planning and zoning commission shall be transmitted to the office of the city secretary for the city council in writing within five days following the meeting of the city planning and zoning commission.

(g)

After receipt by the city council of the recommendations of the planning and zoning commission, the city council shall at either a regular or a special meeting act upon the proposed changes, amendments or special use permits. In cases when the planning and zoning commission recommends against proposed specific use permit or amendment, supplement, change or repeal of the regulations or restrictions of the zoning ordinance or the boundaries of the district map herein established or when a written protest against an amendment under consideration is filed with the office of the city secretary and signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or those immediately adjoining the same and extending 200 feet there from such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths of the members of the city council.

(h)

If the city council fails to pass an ordinance approving such proposed specific use permit, amendment, supplement, or change, a new application for such proposed specific use permit, amendment, supplement, or change in the zoning ordinance or the boundaries of the district map shall not again be considered until after the expiration of 12 months from the date that such proposed amendment, supplement or change was rejected; provided, however, that such application may be reconsidered within the above mentioned 12-month period if it is shown that a substantial change in conditions has taken place in the vicinity of the property sought to be rezoned or for which a specific use permit was requested. The procedures for such application for rezoning shall be the same as if the applicant had never filed a previous application for zoning change.

(Code 1996, § 156.079; Ord. No. 1994-06, 3-1-1994)