(a) 
All territory hereinafter annexed to the city shall be classified as "AO" Agricultural until other zoning is established by the city. The procedure for establishing zoning other than "AO" for annexed territory shall conform to the procedure set forth in this division.
(b) 
Following annexation, the city shall schedule public hearings to zone the recently annexed land.
(c) 
In an area classified as "AO" Agricultural:
(1) 
No permit for the construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building or use permitted in the "AO" District, unless and until such territory has been classified in a zoning district other than the "AO" District, by the city council in the manner prescribed by this division.
(2) 
An application for a building permit for any proposed use other than those specified in the "AO" District must be made to the building official of the city within three (3) months after annexation. If the applicant shows that plans and other preparation for developing the property commenced prior to annexation by the city, the city council may authorize the construction of the project by a majority vote. The action of the city council concerning any such permit shall take into consideration the appropriate land use for the area. Upon approval by the city council, the city manager shall notify the building official.
(Ordinance 2008-10-00631 adopted 10/16/08; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
The council declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
(1) 
To correct a manifest error in the regulations or map;
(2) 
To recognize substantial changed or changing conditions or circumstances in a particular locality; or
(3) 
To recognize substantial changes in technology, the style of living, or manner of doing business.
(b) 
Every proposal to amend these regulations shall be considered in light of the above declaration of policy and by the purposes enumerated in the preamble of these regulations.
(1995 Code, sec. 9-7; Ordinance 2024-03-00998 adopted 3/21/2024)
The council from time-to-time, after receiving a final report thereon by the commission and after public hearings required by law, may amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts. Any amendment, supplement, or change may be ordered for consideration by the council, be initiated by the commission, or be requested by proposal of the owner of the property or by a person holding a lease on the property with the consent of its owner. The commission on its own motion or on request of council may initiate consideration of a change in any district boundary or zoning regulation whenever it finds that public benefit will derive from consideration of such matter.
(1995 Code, sec. 9-8; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Proposal required.
Every proposal to amend these regulations shall be considered in light of the above declaration of policy and by the purposes enumerated in section 14.01.002 (interpretation and purposes).
(b) 
Public hearing and notices.
(1) 
Prior to making its report to the council, the commission shall hold at least one public hearing thereon.
(2) 
Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for city taxes, located within five hundred feet (500') of any property affected thereby before the fifteenth (15th) day before such hearing is held. Such notice may be served by using the last known address as listed on the city roll and depositing the notice, postage prepaid, in the United States mail.
(3) 
Posting of property.
Not less than fifteen (15) or more than forty-five (45) days prior to the date set for the public hearing on any proposed changes in district boundaries, the city shall erect at least one notification sign on the affected property. Such sign(s) shall be erected within twenty-five (25) feet of whatever boundary line of such land that abuts the street of the advertised address. If no public road abuts thereon, then such sign shall be erected along the nearest opened public right-of-way. Signs shall be erected in such a manner as may be most readily seen by the public. Each sign shall indicate a proposed land use change, a public hearing will be held, the telephone number to call and the website to visit for further information. If the affected land includes more than one (1) tract as shown on a plat recorded in the land records of the county, then a sign shall be erected on the land in each such tract. Any such sign shall be maintained on the property at all times until a decision on the application has been made by the city council.
(c) 
Commission report.
The commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings and evaluation of the request and of the relationship of the request to the comprehensive plan.
(d) 
Council consideration.
(1) 
Proposal recommended for approval.
Every proposal which is recommended favorably by the commission shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
(2) 
Proposal recommended for denial.
When the commission determines that a proposal should be denied, it shall so report and recommend to the council. No hearing shall be set on the proposal until and unless the council receives an appeal as provided below.
(3) 
Appeal procedure.
An appeal from the decision of the commission may be taken whenever any party in interest is aggrieved by the action of the commission on a specific proposal. The following procedure shall be required:
(A) 
The aggrieved party shall file a written appeal with the director of development services within thirty (30) days following the commission action. The director of development services shall forward the appeal to the council with the regular report of commission action on the subject proposal.
(B) 
Upon receipt of written appeal, the council shall schedule a public hearing on the original proposal and recommendation.
(4) 
Council hearing and notice.
The council may from time-to-time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the council. Notice of council hearing shall be given by publication one time in the official paper of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication.
(5) 
Negative recommendations and written protest.
An amendment, supplement, or change shall not become effective except by favorable vote of three-fourths (3/4) of all members of the council, if:
(A) 
The commission recommends disapproval of the proposed change; or
(B) 
Written protest is filed by the owners of at least twenty percent (20%) of either:
(i) 
The area of the lots or land included in such proposed change; or
(ii) 
The area of the lots or land immediately adjoining the area of such proposed change and extending five hundred feet (500') therefrom.
Protests signed by property owners may be filed prior to or at one of the public hearings conducted by either the commission or the council. Written protests filed with the commission shall be forwarded to the council with the commission's recommendation.
(C) 
In computing the percentage of land area under subsection (B), the area of streets and alleys shall be included.
(1995 Code, sec. 9-9; Ordinance 2005-08-00532, sec. 1, adopted 8/1/05; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2023-05-00981 adopted 5/4/2023; Ordinance 2024-03-00998 adopted 3/21/2024)
When the city council has denied a proposal with prejudice, or when the applicant has withdrawn his proposal at the commission or city council meeting thereon, no new applications of like nature shall be accepted by the city or scheduled for hearing by the commission within a period of twelve (12) months of the date of the council denial with prejudice or applicant's withdrawal. Provided, however, on receipt of written request by the original applicant stating how conditions have changed substantially in the community since prior consideration of his proposal so as to justify an earlier review of this matter, the city council may waive the mandatory delay period and authorize the acceptance of a new application.
(1995 Code, sec. 9-10; Ordinance 2024-03-00998 adopted 3/21/2024)