Subdividers Ordinance

publication of the Notice. The notice of the time and place of the public hearing before the City Council must be given according to the requirements for public hearings in the Iowa Code. The City Clerk must publish the notice in its designated newspaper. The notice must be published in a newspaper of general circulation in the City at least seven days prior to the public hearing date but not more than 20 days prior to the public hearing date. Further, the City Clerk must send by regular mail, a written notice of the hearing at least seven days before the hearing to all property owners within a radius of 200 feet from the property involved in the rezoning. The notice must also be mailed to land owners within a proposed rezoning area. The applicant must provide the list of property owners with mailing addresses confirmed by county tax records. For purposes of this ordinance, notice must be given to each of the owners of units within a condominium regime that are within 200 feet of the proposed property rezoning. E. City Council Public Hearing and Vote: The City Council will convene the public hearing on the amendment and receive any comments from the public at that time. The council may act on the amendment at the meeting immediately following the public hearing or at the following regularly scheduled city council meeting, or at a special meeting if requested by the applicant and paid for by the applicant. In the event that one or more of the following events should occur, the amendment may not be passed except by the favorable vote of at least three- fourths of all members of the City Council: 1. The Planning and Zoning Commission recommends disapproval of the amendment; or, 2. Prior to or at the public hearing, if a written protest against such a change is filed with the city clerk and signed by the owners of 20% percent or more of the area of the lots included in the proposed change or repeal, or by the owners of 20% or more of the property that is located within two hundred feet of the exterior boundaries of the property for that the change or repeal is proposed, the change or repeal will not become effective except by the favorable vote of at least three-fourths of all the members of the council. Each unit owner within a condominium regime is considered the owner of the area of the lot proportionate to the number of units in the regime as a whole. 12.03 AMENDMENT FOR REQUEST FOR REZONING An amendment that is a request for rezoning of property, in addition to 20 copies of the application and its supporting documents, must contain the following information: A. Fee: The applicant is required to pay the City Clerk a fee in that amount established by resolution of the City Council. The City Clerk must credit the payment to the General Fund of the City. Once the fee is paid, it is nonrefundable. Any related costs for rezoning applications that are incurred, such as the cost for newspaper publication of the notice of public hearing, mailings, and other costs incurred for the purpose of reviewing and action upon by the council, etc., including the posting sign, must be reimbursed by the rezoning applicant to the City after receiving a bill for it from the City Clerk. These costs are in addition to any rezoning application fee set by resolution of the City Council. 153 Adopted November 14, 2007