General conditions
(a) Defect. No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.
(b) Repetitive petitions. No petition involving the same lot or parcel of land or any part thereof including a request for different zoning classification than requested in initial petition for an amendment to this chapter or zoning map, shall be accepted by the city clerk, if a petition requesting an amendment, for the same lot or parcel of land or any part thereof has been denied or the petitioner withdrew such petition within the preceding 18 months. However, such a petition may be accepted at any time with the consent of the city council if in the opinion of the council it sets forth facts indicating a substantial change of circumstances justifying a hearing on the petition.
(c) Limitations, conditions and restrictions. In granting an amendment to the zoning map the city council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions and restrictions, including without limitation:
(1) Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change;
(2) Relating to the effectiveness or continued effectiveness of the zoning change; and/or
(3) Relating to the use of the land as it deems necessary.
The city clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the city council may, after a public hearing as set forth in this division, change the land to its original zoning use before such petition was filed. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.
(d) Comprehensive plan amendment. Where a proposed change requires an amendment to the comprehensive plan, the city council shall approve such amendment to the comprehensive plan prior to granting the petition following the requirements of the state statutes. A condition of the approval of the petition, however, shall be that the comprehensive plan amendment receive approval from the state director of administration in accordance with the state statutes.
(e) Copies of amendment to be sent to state. Upon adoption of a zoning ordinance, and zoning map, and any amendments thereto, the city clerk shall send a copy, without charge to the state law library.
(Rev. Ords. 1987, § 19-76; Ch. 914, § I(Att.), 12-19-23)