The city council shall have sole zoning authority until such time as the city council creates a separate recommending body to be known as the planning and zoning commission. At such time as the city council appoints a separate recommending body, the authority established herein shall be that of the commission, and all procedures shall be consistent with state law.
(Ordinance 09-04, sec. 2, adopted 6/16/09)
The city council shall have the power established by state law and shall be required to:
(1) 
Make, amend, extend and add to the master plan for the physical development of the city, when determined to be in the best interest of the city.
(2) 
Study plans and plats of proposed subdivisions and determine whether such subdivisions meet with all the standards and requirements required by this division [the subdivision ordinance].
(3) 
Draft the official map of the city and make changes in such map.
(4) 
Make a zoning plan and any changes in such plan.
(5) 
Make roadway facilities, infrastructure facilities and proposed extensions thereof.
(6) 
Review and amend, as necessary, existing building, plumbing, electrical and related codes.
(Ordinance 09-04, sec. 2, adopted 6/16/09)
(a) 
Hearing required; notice to property owners.
The city council shall hold a public hearing on all proposed changes in zoning regulations or district boundaries and written notice of all such public hearings shall be sent to all owners of real property lying within two hundred (200) feet of the property on which the changes in zoning regulations or classifications are proposed. Such notice shall be given not less than ten (10) days before the day set for hearing to all owners, as such ownership appears on the most recently approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in a United States post office.
(b) 
Publication of notice.
Before the fifteenth (15th) day before the hearing, notice of the time and place of the hearing must be published in the official newspaper of, or newspaper of general circulation in, the city.
(c) 
Conduct of hearing; adoption of change.
The city council shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard. The city council may not adopt the change until after the thirtieth (30th) day after the date the required notice is given.
(d) 
Protests.
If a proposed amendment, supplement, change or modification is protested by the owners of twenty percent (20%) or more of either the area of lots included in such proposed change or of those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom, or of those directly opposite thereto extending two hundred (200) feet therefrom the street frontage of such opposite lots, such amendment, supplement, change or modification shall not become effective except upon the favorable vote of three-fourths (3/4) of all members of the city council.
(e) 
Re-submittal after denial.
If the city council has refused to grant a proposed amendment, supplement, change or modification in the boundaries of any zoning district, such amendment, supplement, change or modification in the boundaries of such zoning district shall not be submitted again prior to the expiration of twelve (12) months from the date of the order or decision of the city council against such zone change, unless such order or decision expressly provides that the same is without prejudice to an earlier filing.
(Ordinance 09-04, sec. 2, adopted 6/16/09)
An applicant requesting an amendment, supplement, change or modification of this division [the zoning ordinance], including the official zoning map, or requesting a hearing before the board of adjustment which requires the sending of notices or the publication of notices, shall deposit with the city secretary an amount of money as established by the fee schedule in appendix A of this code.
(Ordinance 09-04, sec. 2, adopted 6/16/09; Ordinance adopting 2017 Code)