1. Requirements for Change. Whenever the public necessity, safety, general welfare or good zoning practice justifies such action, and after consideration and recommendation by the Planning and Zoning Commission as provided herein, the Council may change zoning district boundaries, use groups or the regulations established by this chapter after public hearing for which public notice is given as provided in Chapter 414 of the Code of Iowa.
2. Initiation of Change. A proposed change of zoning district boundaries or regulations may be initiated by the Council, City Planning and Zoning Commission, or by application of one or more of the owners of property within the area requested to be changed.
3. Consideration. Every three months or at the discretion of the zoning officer, the City Planning and Zoning Commission will set a public hearing to consider requested changes or amendments to the Zoning Ordinance or Zoning Map pursuant to the provisions of this section. Public notice for this meeting and changes to be considered shall be given as provided in Chapter 414.4 of the Code of Iowa, as amended. The re-zoning process as specified herein for newly annexed areas or amendments to the text proposed by the City itself may be undertaken at any time.
4. Site Plan and Schedule. All requests for changes in Zoning Map shall be accompanied by the following:
A. Intentions. A complete statement giving reasons and intentions for the planned future use of the area proposed for amendment.
B. Site Plan. A site plan, showing existing and proposed structures, uses, open spaces, facilities for parking and loading, and arrangements for pedestrian and vehicular circulation of the area proposed for amendment and all abutting properties with their use and zoning district defined.
C. A proposed time schedule for beginning and completion of development.
5. Fees and Expenses. All requests for changes in the Zoning Ordinance or map, except those initiated by the Council or City Planning and Zoning Commission, shall be at the expense of the person requesting said change. Said expense shall include costs of publication, fees paid for special Council meetings, and engineering and legal fees in connection with said zoning change. At the time said request for change is made, a deposit of $300.00, unless waived by resolution of the Council, shall be paid to the Clerk. This amount shall be applied towards the costs of said requested change.
(Subsection 5 – Ord.
806 – Dec. 23 Supp.)
6. Notice Requirements. It is the obligation of the party requesting a change in the Zoning Ordinance or map to send notice of the date, time and place of the public hearing before the Planning and Zoning Commission and the Council, by regular mail at said party’s own cost, to the owners of the property to be affected by said proposed change and to the owners of property located within 200 feet of the exterior boundaries of the property to be affected by said change. Proof of the mailing of notice must be on file at the Clerk’s office by the time of the public hearing before the Planning and Zoning Commission.
7. Protest Against Change. In case, however, of a protest against such change signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which such change is proposed, such amendment shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council. Such signed protest must, however, be presented to the Council before or at the time of the public hearing before the Council. The provisions of Section 414.4 relative to public hearings and official notice shall apply equally to all changes or amendments.