(A) Purpose. It is recognized that public necessity, convenience, general welfare and good zoning practice will, from time to time, require amendment of the regulations contained in this chapter and of the classifications of properties as shown on the official zoning map. It is the purpose of this section to define the procedures required to effect these changes.
(B) Authority.
(1) The City Council may enact, by ordinance, an amendment or change in the regulations of this chapter.
(2) The City Council may enact, by ordinance, a change in zoning district classification or a district boundary change for all or part of the property described in the petition. The Planning and Zoning Commission may likewise recommend and the City Council may enact, by ordinance, a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance for a district classification are of the same general type as that requested by the petitioner and are at least as restrictive as the classification requested in the petition.
(C) In case of written protest against any proposed zoning district reclassification or boundary change, signed and acknowledged by the owners of 20% of the frontage immediately adjoining or across a lot therefrom, or by the owners of 20% of the frontages directly opposite from the frontage proposed to be altered, such reclassification or change shall not be approved by the City Council except by the favorable vote of two-thirds of the aldermen of the city then holding office.
(D) Effect of denial. After a public hearing, no petition shall be resubmitted to the Planning and Zoning Commission for an amendment to the regulations contained in this chapter, or a change in zoning district boundaries or classification of property that has been denied wholly or in part by the City Council shall be resubmitted to the Planning and Zoning Commission for a period of one year from the date of the order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the City Council. If the City Council finds that there is substantial new evidence or proof of changed conditions, it shall refer the matter to the Planning and Zoning Commission for a new hearing pursuant to proper legal notice.
(Ord. 07-13, passed 10-9-07)