West Burlington City Zoning Code

1.   In accordance with the provisions of Chapter 414, of the Code of Iowa, the City Council may, from time to time, make amendments to the specific regulations of the Zoning Ordinance. It may also amend the Zoning Map, by regulating the number, shape or area of the Districts previously established. No such amendment shall become effective, unless the proposed change(s) involved are first submitted to the Planning and Zoning Commission for their approval. The Commission shall be allowed a reasonable period of time – no less than 30 days – to review and report on these matters.

2.   Public Hearing and Notice. Before submitting its recommendation and report to the City Council, the Planning and Zoning Commission shall hold a public hearing on the proposed amendment, supplement or change.

It shall provide a notice of the time and place of such hearing, no less than seven (7), and no more than thirty (30) days prior to the hearing, by publication in a newspaper of general circulation in the community. It shall also mail notices to all property owners directly involved, or within 300 feet of the area affected by the amendment.

3.   Public Petition. Any person desiring a change in the Zoning of property may submit a petition to request such a change. In doing so, they shall accompany this petition with a fee in the amount of $45.00, to cover the cost of processing the application. Should the application be withdrawn prior to the publication of a legal notice, this fee will be returned upon written request of the applicant.

4.   Public Viewing of Materials. During the seven (7) days prior to the public hearing, the text of the proposed amendment, along with any relevant maps or plans, shall be provided for public examination – online, and in a physical copy, available in the office of the City Clerk.

5.   No regulation which differs from the recommendation made by the Planning and Zoning Commission shall become effective unless passed by not less than three-fourths (3/4) of all members of the City Council.

6.   Public Protest. If a written protest against a proposed amendment is submitted to the City Clerk, and is signed and acknowledged by the owners of 20 percent or more of all properties directly affected by the amendment, combined with any properties within 300 feet of this area, such amendment shall not become effective, unless approved by a vote of three-fourths (3/4) of all members of the City Council.

7.   Omission from Notification. This section is intended to maximize the exposure of a proposed amendment to the Zoning Ordinance, to all persons who may be substantially interested in such a change. If the name of a property owner was unintentionally omitted from the notification list, this shall not invalidate the passing of an amendment, as long as the omission was not intentional.