A. Authority Of Council; Procedure Generally: The city council may, from time to time, on its own motion, or on petition from a property owner, or on recommendation of the planning commission, amend the regulations and districts herein established. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing is held in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. At least twenty (20) days' notice of the date, time and place of such hearing shall be published in an official newspaper or newspaper of general circulation in the city.
B. Referral To Planning Commission: Every such proposed amendment shall be referred to the city planning commission for report.
C. Notice Requirements:
1. Notice of such proposed amendment shall be given twenty (20) days prior to hearing by mailing written notice by the city clerk or secretary of the planning commission to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. Said notice shall contain the following:
a. Legal description of the property and the street address or approximate location in the city.
b. Present zoning and classification of the property, and the classification sought by the applicant.
c. The date, time and place of the public hearing.
2. In addition, notice may be given by posting notice of such hearing on the affected property at least twenty (20) days before the date of hearing.
D. Protests: If a protest against said amendment be presented, duly signed, more than three (3) days prior to said public hearing, by the owners of twenty percent (20%) or more of the area of lots included in such proposed change, or by the owners of fifty percent (50%) or more of the area of the lots within three hundred feet (300') of any side of the exterior boundary of the territory included in such proposed change, separated therefrom only by an alley or street, such amendment shall not become effective, except by the favorable votes of three-fifths (3/5) of all members of the city council.
E. Time Constraints On Refiling Petitions: Petitions to amend the zoning ordinance heard and decided by the city council will not again be set for hearing within one year of the date of the decision by the city council. Petitions may not be refiled with the planning commission within one year after the date of such decision by the city council. Petitions for zoning of the same property in a different zoning classification may, however, be refiled.
F. Fees: Fees for filing petitions to change the zoning of property and to amend the district boundaries are hereby fixed and established at seventy five dollars ($75.00) per application per parcel of land. (Ord. 86, 2-16-1982; amd. 2006 Code)