§ 24. AMENDMENTS

24-100. Eligibility.

Any person or corporation having proprietary interest in any property may petition the city council for a change or amendment to the provisions of this ordinance, or the planning and zoning commission may, on its own motion or on request from the city council, institute study and proposal for changes and amendments in the public interest.

(Ord. No. 2014-2040, § 2, 1-7-2014)

24-101. Procedure.

(a)

The city council may, from time to time, amend, supplement or change by ordinance, the boundaries of the zoning districts or the regulations herein established as provided by the statutes of the state.

(b)

Before taking action on any proposed amendment, supplement or change, the city council shall submit the same to the planning and zoning commission for its recommendation and report.

(c)

Public hearings and notification.

(1)

The planning and zoning commission shall hold a public hearing for proposed amendments or changes to the comprehensive plan, the zoning ordinance, zoning districts and specific use permits. When any such amendment or change involves a change to the comprehensive plan, specific use permit or changes in the classification or boundary of a zoning district, written notice of public hearing before the planning and zoning commission on the proposed amendment or change shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. Such notice shall be given not less than ten days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll. In addition, notice of such amendments or changes shall be made per the publication policy of the city. Such notice shall state the time and place of the public hearing and the nature of the subject to be considered, and shall be published a minimum of ten days prior to the date of the public hearing.

(2)

When any proposed amendment relates to a change of a zoning regulation or to the text of the zoning ordinance not affecting a specific property, notice of the public hearing of the planning and zoning commission shall be made per the publication policy of the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, and shall be published a minimum of ten days prior to the date of the public hearing.

(3)

When a site plan is brought before the planning and zoning commission for discussion, consideration and recommendation, and before the city council for a decision, no public hearing is required and no noticing is required for the public hearing, either to owners of real property lying within 200 feet of the property on which the site plan approval is requested or per the publication policy of the city.

(4)

When a plat (other than a residential replat) is brought before the planning and zoning commission for consideration, no public hearing is required and no noticing is required for the public hearing, either to owners of real property lying within 200 feet of the property on which the platting approval is requested or per the publication policy of the city.

(5)

When a residential replat is brought before the planning and zoning commission for consideration, such replat shall be considered by a public hearing and written notice of the public hearing shall be sent to all owners of real property lying within 200 feet of the property on which the replat is requested. Such notice shall be given not less than ten days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll. In addition, notice of such replat shall be given per the publication policy of the city. Such notice shall state the time and place of such hearing and the nature of the subject to be considered, and shall be published a minimum of ten days prior to the date of the public hearing.

(d)

A public hearing shall be held by city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given per the publication policy of the city, stating the time and place of such hearing, and shall be published a minimum of 15 days prior to the date of the public hearing.

(e)

If a proposed change has been recommended by the planning and zoning commission for denial, or if a protest against such proposed amendment, supplement or change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such a proposed change or those immediately adjacent in the rear thereof extending 200 feet therefrom or those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendments shall not become effective except by a ¾ vote of the city council. An application which is recommended by the planning and zoning commission for denial shall not be forwarded to the city council unless the applicant files a written appeal with the city secretary within ten calendar days after the planning and zoning commission's decision. Upon notice of appeal, the application will be forwarded to the city council along with the planning and zoning commission's reasons for denial of the request. The appeal shall be scheduled for the next possible city council agenda, following appropriate public notifications. Ultimate approval of any zoning request which was recommended for denial by the planning and zoning commission will require a ¾ majority vote of the full city council. No zoning change, however, shall become effective until after the adoption of an ordinance by the city council for same and its publication as required by law.

(f)

Upon filing of an application for an amendment or change in the comprehensive plan, the zoning ordinance, zoning districts and specific use permits, the applicant shall pay to the city a filing fee in accordance with a schedule of fees as approved by the city council and amended from time to time.

(g)

Upon filing an application for an amendment or change in the comprehensive plan, the zoning ordinance, zoning districts and specific use permits, notification sign(s) will be erected on said property. The following conditions pertain to the erection of said sign(s):

(1)

The applicant shall erect one sign for each 400 feet of street frontage of the property, with a minimum of two signs on each street frontage, except that no applicant is required to erect more than 15 signs. If the property does not have street frontage, the signs shall be placed upon the closest available right-of-way and upon the property itself. The applicant shall erect the signs not less than ten days prior to the scheduled public hearing before the planning and zoning commission and the signs shall be kept in place until final action has been taken by the city council concerning the application.

(2)

Said sign(s) will be provided by the planning department to the applicant at the time of application submittal. A $50.00 security deposit is required at the time of application. The deposit shall be refunded to the applicant if the signs are returned to the planning department no later than five working days after final action has been taken by the city council.

(3)

The planning and zoning commission shall make a determination, based upon evidence presented at the public hearing, as to whether the intent of this ordinance has been met and the applicant has made a good faith effort to erect and maintain the signs. In the event the applicant fails to erect and maintain said signs in accordance with the provisions of this ordinance, the public hearing before the planning and zoning commission may be postponed to a future date so as to allow time for compliance.

(h)

If the city council denies the zoning, rezoning, or text amendment request, then no other zoning application may be filed for all or part of the subject tract of land, or for that portion of this appendix, in the case of a text amendment request submitted by a property owner or citizen, for a period of one-year following the denial. Where the request was initiated by the city and involved a proposed amendment to the text of this appendix, a waiting period is not required before the request can be reconsidered. The city council may, at its option, waive the one-year waiting period.

(Ord. No. 2014-2040, § 2, 1-7-2014; Ord. No. 2014-2079, §§ 2, 3, 6-3-2014)

24-102. Administrative amendments.

The city manager or his designee may approve a change to a development provided that the scope does not exceed the following:

(a)

Substitution of approved landscape materials on any approved landscape plan;

(b)

Revision to the orientation of any building on an approved site plan, except such orientation amendment may not change the setback requirements contained in this chapter;

(c)

Substitution of building materials of like kind on any approved site plan or planned development;

(d)

Adjustment not to exceed ten percent on side or rear yard setbacks under the terms of this chapter.

(e)

Any application for an administrative amendment under this section may only be approved where the need for the amendment will ensure the protection of the adjacent property and does not otherwise adversely affect the health, safety and welfare of the city.

(Ord. No. 341, § 1, 5-6-1985; Ord. No. 538, § 1, 5-2-1988; Ord. No. 935, § 1, 6-17-1996; Ord. No. 98-1024, § 2, 3-16-1998; Ord. No. 06-1644, § 1, 4-3-2006; Ord. No. 2014-2040, § 2, 1-7-2014)