(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:
(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.
(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)
