A. Authority: These regulations may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment.
B. Application For Amendment:
1. Initiating Action: Amendment may be initiated by the City Council or the Planning Commission or by an application of one or more owners of property affected by the proposed amendment.
2. Application Fee: Each application by a property owner shall be accompanied by a fee of one hundred dollars ($100.00), no part of which shall be returnable to the applicant.
3. Accompanying Data: An application for amendment shall be accompanied by drawings and any data necessary to demonstrate that the proposed amendment is in general conformance with the comprehensive plan and that public necessity, convenience, and general welfare require the adoption of the proposed amendment. An accurate legal description and map of the land and existing buildings shall be submitted with the application. A certified abstract or list of all of the property and/or a list of County recorded property owners located within three hundred feet (300') of the subject property shall be submitted with the application.
4. Timing: The application shall be delivered to the Planning Commission at least thirty (30) days prior to the date of the meeting at which action is to be sought.
C. Public Hearings Before Planning Commission; Notice:
1. Upon filing of the application, the Planning Commission shall hold a public hearing on said application as provided for herein.
2. The Planning Commission shall publish a notice of the public hearing in an official paper or a newspaper of general circulation in the City at least twenty (20) days prior to the date of said public hearing, giving the time and place of the public hearing and the proposed zoning change. Notice shall be mailed to all owners of property located within three hundred feet (300') of the subject property.
D. Action By Planning Commission: If at the conclusion of the public hearing, the Planning Commission decides to recommend amendment of these regulations, said recommendation shall be by resolution of the Planning Commission carried by the affirmative votes of not less than a majority of its total membership. A copy of any recommended amendments shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearing, and recommendations of the Planning Commission.
E. Action By City Council:
1. Action On Planning Commission Recommendation: After receipt of a copy of any recommendation from the Planning Commission and before any action may be taken, the City Council shall set the matter for public hearing and shall give notice of the time and place of the hearing by one publication in an official newspaper or a newspaper of general circulation in the City at least fifteen (15) days prior to such hearing.
2. Change By City Council In Recommendation Of Planning Commission: If the City Council proposed to adopt an amendment to the regulations in a form altered from said amendment as recommended by the Planning Commission, or an amendment where denial has been recommended by the Planning Commission, the City Council shall refer said matter back to the Planning Commission for report and recommendation before adoption. If the Planning Commission has not held a public hearing on said proposed amendment, it shall do so under the procedure set forth in subsection E3 of this section. The failure of the Planning Commission to report within thirty (30) days after reference shall be deemed to be approval of the proposed amendment.
3. Vote Under Protest: In case of a protest against a change, signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or by owners of fifty percent (50%) or more of the area of the lots within three hundred feet (300') of the site or the territory included in such proposed change or separated therefrom by an alley or street, such amendment shall not become effective except by a favorable vote of four-fifths (4/5) of all members of the City Council.
F. Effect Of Denial Of Application: In case an application for amendment to the regulations is denied, said application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the Council, to be eligible for consideration within less than one year of the denial of the original application. (1985 Code ch. 16 § 12-1)