It shall take a favorable vote of five (5) members of the city council to amend, supplement, change or repeal, by ordinance, the boundaries of the districts or the regulations herein established in either of the following instances:
A. In the event the city plan commission recommends a negative vote on a proposed amendment to any portion of this title.
B. In case of a written protest against any proposed change in the classification of land, signed by the owners of forty percent (40%) of the lots proposed to be rezoned, or signed by the owners of forty percent (40%) of the lots any part of which are included within the area defined by a line extended two hundred fifty feet (250') outward in all directions from the perimeter of the land sought to be rezoned, filed with the city clerk of Alton prior to the commencement of the city council meeting on which a vote on the proposed rezoning is taken. The protest document need not be acknowledged, but shall bear the signatures and common street addresses of those signing such document, and identify the property which each signatory owns. For purposes of this section, the perimeter of the subject lot shall be considered to be the property line of the lot of land, excluding any land within a public dedicated right of way, and excluding any land lying within a railroad right of way; the owner of property shall be considered to be any of the following: the record owner of the fee simple title, the contract seller and the contract buyer of such property. (Ord. 6817, 6-9-2004)