(A) Findings of Fact. Before making a recommendation to the City Council on an amendment petition, the Commission shall first make findings of fact based upon the evidence presented in the hearing. These findings should detail the degree to which the proposed amendment is consistent with the review criteria. The approval of an amendment shall not be made unless the evidence presented is such to establish the following:
(1) That the proposed amendment is consistent with the goals, objectives and policies of the City's Comprehensive Plan and is in conformity with the designations delineated on the Future Land Use Map.
(2) That the proposed amendment is consistent with the spirit, purpose and intent of this chapter.
(3) That the development allowed by the proposed amendment will be compatible with existing uses and existing zoning classifications of property within the general area.
(B) Commission Recommendation. Based upon the findings, the Commission shall make a recommendation on the amendment petition and shall forward its findings and recommendation to the City Council. The Commission shall recommend to the City Council one of the following three actions: approval, conditional approval, or denial. The Commission's recommendation shall be made within 20 days of the hearing. A tie vote by the Commission shall be considered a recommendation to deny the amendment request.
(C) Final Determination. The City Council shall then take final action on the petition within 45 days of the public hearing. If the City Council votes to approve the request, it shall do so by adopting the proposed amendment by ordinance. If the Commission voted to deny an amendment request, a two thirds (2/3rds) affirmative vote of the City Council then holding office is required to override the Commission's action and approve the request. If an amendment request is contrary to the Future Land Use Map of the Comprehensive Plan, a two thirds (2/3rds) affirmative vote of the City Council then holding office is required to approve the request.
(D) Written Protests. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by either (1) the owners of 20% of the frontage proposed to be altered, (2) the owners of 20% of the frontage immediately adjoining or across the alley therefrom, or (3) the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the City Clerk on or before the date of the public hearing set forth in the notice of hearing so published, the amendment shall not be passed except by an affirmative vote of two thirds (2/3rds) of the City Council then holding office. In such cases, a copy of the written protest shall be served by the protestor(s) on the petitioner for the proposed amendment and a copy upon the attorney, if any, for the petitioner, by certified mail at the address of such petitioner and attorney as shown in the petition for the proposed amendment.
(E) Withdrawal. A petition may be withdrawn any time prior to the beginning of the public hearing without penalty. If the petition is withdrawn between the time the hearing begins and the City Council takes final action, said petition cannot be reheard for 12 months.
(F) Denial. If a petition is considered and ultimately denied by the City Council, that request shall not be reconsidered by the Commission or the City Council at any time in a substantially similar form unless the Zoning Administrator determines that conditions affecting the requested amendment have changed significantly enough to justify reconsideration of said request.
(G) Re-submittal. Resubmitting another petition for an amendment after denial or withdrawal shall be accomplished in the same general manner as is prescribed in this subchapter.