§ 30-41. Amendments

(a) Purpose of section. The purpose of this section is to set forth a procedure for amendments to this chapter or for changes in the zoning district boundaries and the zoning provisions contained in this chapter.

(b) Initiation. Proceedings for amendment to this chapter may be initiated by:

(1) A petition of the owner of a parcel of land for which rezoning is requested, or by the owner's agent;

(2) A recommendation of the planning commission; or

(3) By action of the council.

An amendment not initiated by the planning commission shall be referred to the planning commission for study and report and may not be acted upon by the city council until it has received the recommendation of the planning commission, or until 30 days have elapsed from the receipt of such request by the planning commission.

(c) Application; contents. All applications for amendments involving changing the zoning district boundary line (map changes) which are initiated by the petition of the owners of property or their agents shall be filed in the office of the zoning administrator and shall be accompanied by nine copies of a set of plans and graphics containing the following information:

(1) A generalized location map showing the location of the proposed site in relation to the city.

(2) A scaled plot plan of the proposed site showing all site dimensions and with north indicated.

(3) All types of proposed uses.

(4) Location of all buildings and structures on the proposed site.

(5) Location of existing roads on and adjacent to the site.

(6) Location of building on adjacent sites.

(7) Location of utilities and easements.

(8) Topographic data, soil types, water table and wetlands.

(9) The names and addresses of all owners of land within 350 feet of the outer boundaries of the property as contained in the records of the county auditor.

(10) Drainage plan.

(11) Colorized, architecturally designed renderings, certified survey/site plan, and landscape plan in conformance with article XIX of this chapter, of a purposed project, in conjunction with the rezoning request.

(12) Any other information that may be requested by the zoning administrator or the planning commission.

(d) Application and fees. Application must be made to the zoning administrator on forms provided by the city and include all information and data requested. The fee and charges shall be set by the city council by resolution.

(e) Public hearing; notice and procedures. The planning commission shall hold a public hearing on proposals for amendment. A notice of time and place shall be published in the official newspaper of the city at least ten days prior to the day of the hearing. When an amendment involves rezoning an area of ten acres or less, a notice shall also be mailed to all property owners within 350 feet of the affected property at least ten days before the day of the hearing. For the purpose of mailed notice, the zoning administrator may use any appropriate records to determine the names and addresses of owners. The failure to give mailed notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.

(f) Action by planning commission. Unless the applicant agrees otherwise in writing, then within 30 days after the date of receipt of the petition by the zoning administrator, the planning commission shall make a written report to the council stating its findings and recommendations.

(g) Action by the council. Upon the filing of the report of the planning commission, the council may hold such public hearings upon the amendment as it deems advisable. The council shall give not less than ten nor more than 30 days' notice of the time and place of such hearing, published in the official newspaper of the city. Such notice shall contain a description of the land and the proposed change in zoning with the amendment involving rezoning. At least ten days before the hearing, the zoning administrator shall mail an identical notice to the owner and each of the property owners within 350 feet of the outside boundaries of the land proposed to be rezoned. Failure of the property owners to receive the notice shall not invalidate the proceedings. After the conclusion of the hearing, if any, the council may take final action upon the application or continue the matter for further investigation and hearing. The council may also request further information and report from the planning commission.

(h) Adoption. Amendments to the zoning ordinance may be adopted by at least a four-fifths vote of the full city council.

(i) Effect of denial. Rezoning applications may be denied by resolution of the council, and such resolution shall constitute a finding and determination that the proposed rezoning is not in the best interest of the city. No application for the same amendment shall be made within six months of the date of denial.

(Code 1975, § 480:05; Ord. No. 187, § 1, 2-4-93; Ord. No. 251, § 1, 7-10-97)