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 ordinance, or because of changed or changing conditions in a particular area 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. The Council may, from time to time, adopt, amend and make public rules and regulations for the administration of this chapter. This chapter may be enlarged or amended by the Council after public hearing, due notice of which shall be given as required by law.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Subject to the limitations of the foregoing statement of intent, an amendment of this chapter may be requested by any person; provided that, an amendment to rezone any property may be initiated only by:

(A)

The City Council on its own motion;

(B)

The Planning and Zoning Commission; or

(C)

Petition by the landowner or his or her authorized agent.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

The City Council has sole responsibility for changes in the zoning map and changes in the zoning ordinance. The zoning and rezoning of land is in the legislative discretion of the City Council. Zoning and rezoning shall be by ordinance only.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Any request for rezoning as prescribed in § 156.151 of this chapter, or the receipt of an administratively complete petition and application to zone or rezone, a lot, tract or parcel of land, which petition and application have been examined and approved as to form by the City Secretary, shall be referred to the Commission for consideration, public hearing and recommendation to the Council. The Council may not enact a rezoning amendment until the Commission has held a public hearing and made its recommendation to the Council, or has made a final vote on the matter without obtaining a majority, on the zoning or rezoning of the property.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

The Commission shall cause such study and review to be made as advisable and required, shall give public notice and hold a public hearing as provided by state law, and shall recommend to the Council such action as the Commission deems proper. Written notice of the proposed zoning change shall be mailed, by the U.S. Postal Service, to the owner of each tract or parcel of land that is within 200 feet of the property for which zoning is requested, not less than 15 days prior to the date of the public hearing to be held by the Commission.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

The Council shall give public notice and hold a public hearing before taking final action to zone or rezone any land.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

Not less than 15 days prior to the date of the public hearing to be held by the Commission on each zoning or rezoning, written notice of the public hearing and the zoning proposed shall be mailed by the U.S. Postal Service to the owner of each lot, tractor parcel of land within 200 feet of the lot, tract or parcel being considered for zoning. Such notice shall be mailed by first class mail addressed to the persons or firms to whom the properties are assessed on the City tax rolls.

(B)

Notice of the public hearing to be held by the Council shall be given by publishing such notice at least once in a newspaper of general circulation in the City, at least 15 days prior to the date set for public hearing.

(C)

If the zoning or rezoning is proposed by the Council or the Commission, notice of the proposed zoning change shall be made by the City Secretary, mailing notification by first class mail to the person or firm to whom the property is assessed on the City tax rolls, and to all persons or firms to whom the property within 200 feet of the proposed zoning change is assessed on the City tax rolls.

(D)

The required notice for public hearing having been given for the zoning or rezoning of a tract of land, the Commission or the Council may, as applicable, continue such matter to subsequent public meetings for consideration and may, in the same zoning process or proceeding, recommend zoning/rezoning or, as applicable, zone or rezone the property for which notice was given for a use or zoning district that is a less intensive use than the use for which the notices were given, without additional or further notices being given; provided that, the less intensive district is within the same general-use category (e.g., duplex requested and single-family zoning granted, multiple-family zoning requested) and the granted rezoning is a less intensive multiple-family zoning duplex or single-family.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

If a protest(s) against any proposed rezoning or zoning change for any land is presented in writing to the City Secretary prior to the public hearing thereon, duly signed by the owners of 20 percent or more either of the area of lots included in the proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective, except by the favorable vote of three-fourths of all members of the Council.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

Filing of application. All petitions to change zoning or rezone property 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 and zoning or permit requested;

(3)

A fully scaled map showing:

(a)

The land affected by the proposed amendment;

(b)

A legal description of the land;

(c)

The present zoning classification of the land;

(d)

The zoning classification of all abutting land; and

(e)

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

(4)

If applicable, the alleged error in this chapter, which would be corrected by the proposed amendment, together with a detailed explanation of such error and how the proposed amendment will correct same;

(5)

The changed or unchanging conditions, if any, in the area or in the municipality generally, which make the proposed amendment reasonably necessary; and

(6)

A statement of all other circumstances, factors and reasons the applicant offers in support of the proposed amendment.

(B)

Time limitation. If a petition for rezoning is denied by the City Council, another petition for reclassification of the same property or any portion thereof shall not be filed with a period of 12 months from the date of final denial, except with the permission of the City Council.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

If the application is submitted by other than the City Council or by the Planning and Zoning Commission, the applicant seeking rezoning approval shall pay to the City at the time of submittal a fee to be determined by City Council.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

Except as otherwise provided for in this chapter, it shall be unlawful for any person (see definition of "person" in § 156.009 of this chapter) to develop, improve or sell any lot, parcel, tract or block of land within the City's extraterritorial jurisdiction, regardless of the size or shape of said lot, parcel, tract or block, unless such lot, parcel, tract or block of land conforms with this chapter.

(B)

(1)

Administrative action. The City shall enforce this chapter by appropriate administrative action, including, but not limited to, the rejection of plans, maps, plats and specifications not found to be in compliance with this chapter and good engineering practices, and the issuance of stop work orders.

(2)

Court proceedings. Upon the request of the City Council the City Attorney shall file an action in District Court to enjoin the violation or threatened violation of this chapter, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages in an amount sufficient for the City to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the property established pursuant to this chapter.

(C)

In any prosecution charging a violation of this chapter governing the zoning regulations, proof that the property described in the complaint was in violation of any section above, together with proof that the defendant named in the complaint was, at the time of the zoning violation, either the occupant or the registered owner of such property, shall constitute in evidence a prima facie presumption that the owner of such property was the person who knowingly and intentionally committed or permitted the violation for the time during which such violation occurred.

(D)

Any person who shall violate any of the provisions of this chapter, or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)