A. Who May Initiate: Proposals to amend, supplement, change, modify or repeal any of the regulations or the district boundaries established by this title or hereafter established, may be initiated by the city council, the city board of adjustment, the county commissioners, the county planning board, or by petition of any interested person. A petition by any interested person (which term shall include a partnership and a corporation) to amend or change the regulations or district boundaries shall be submitted to the city council through and reviewed by the board of adjustment, which shall consider its merit and make a recommendation to the city council.
B. Amendment Petition Requirements: A petition requesting such change shall first be presented to the board of adjustment, duly signed by the owners of seventy five percent (75%) or more of the lots included in such proposed change and of those immediately adjacent in the rear thereof extending one hundred fifty feet (150') therefrom and of those adjacent on either side thereof extending one hundred fifty feet (150') therefrom and of those directly opposite thereof extending one hundred fifty feet (150') from the street frontage on such opposite lots. No petition for zone change will be considered for any area of less than one-half (1/2) block.
C. Amendment Petition Applications And Procedures: Amendment petition applications shall be kept on file in the office of the zoning administrator. Complete and accurate petitions shall be considered by the board of adjustment at its next regular monthly meeting; provided they have been filed, complete in form and content, at least twenty four (24) calendar days before the regularly scheduled meeting of the board of adjustment; otherwise consideration may be deferred until the following monthly meeting. The board of adjustment shall forward its recommendation on an amendment proposal to the city council not more than five (5) days following the meeting at which a recommendation was adopted. The city council shall take action on the proposal and recommendation within thirty (30) days following their receipt of the board of adjustment recommendation.
D. Submission Requirements For Map Amendments: In addition to an accurate and completed amendment application, any petition to amend a zoning classification shall include a current map drawn to scale showing all parcels of land included in the petition and the name of the owner of each parcel certified by the tax assessor of Toole County from the records in his office.
E. Public Hearings Required:
1. Hearing Required; Notice: No action to amend, supplement, change or repeal this title may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. If the petition is for amendment to the zoning map, notice of such hearing shall be mailed to all owners of property included in the petition and shall also be conspicuously posted on the property for which an amendment is sought, at the county courthouse, and at the city hall. Public hearing requirements apply to the board of adjustment meeting to consider a recommendation and to the city council meeting for the purpose of acting on the proposal.
2. Protest: When a proposed amendment affects the zoning classification of property and a protest against such change is signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending fifty feet (50') therefrom, or of those directly opposite thereto extending fifty feet (50') from the street frontage on such opposite lots, then such amendments may not become effective except by the favorable vote of three-fourths (3/4) of the city council. (1975 Code § 17.68.170)