(a) Power of Council. Council may, from time to time, amend, supplement, modify or change, by ordinance, the boundaries of the districts established on the Building Zone Map or the regulations set forth in this Zoning Ordinance. Any proposed amendment or supplement or change shall first be submitted to the Municipal Planning Commission for its recommendation and report.
(b) Hearing by Planning Commission. Before submitting its recommendations and report to Council, the Commission shall hold a public hearing on the proposed amendment, supplement or change. It shall give at least fifteen days' notice of the time and place of such hearing by publication in a newspaper of general circulation in the City and by mailing notices to all property owners who, in the opinion of the Commission, may be affected by such amendment, supplement or change, and in accordance with such rules of procedures as it may establish.
(c) Public Hearing of Residents. No amendment, supplement or change in any of the provisions of this ordinance or in the boundaries of any of the districts established hereunder shall become effective until after a public hearing in relation thereto, at which parties in interest and residents shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City.
(d) Protest. In case of a protest against a proposed change in the boundaries of a district, signed by the owners of twenty percent (20%) or more of either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending 100 feet therefrom or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots or the lots adjacent thereto, such amendments shall not become effective except by the favorable vote of three-fourths of all the members of Council.
(e) Information to Accompany Petition for Change in Zoning of Property. Any person desiring a change in zoning of property shall accompany the petition for such change in zoning or the ordinance introduced for the purpose of changing such zoning with a statement giving the names and addresses of the owners of all properties lying within the block where the proposed change is to be made and within 200 feet of any part of the property proposed to be changed.
(f) Fees. Before any action shall be taken as provided in this section, the party proposing or recommending a change in this ordinance or district boundaries or any action necessitating a public hearing shall deposit with the Commission the sum of twenty-five dollars ($25.00), plus the cost per certified letter for each property owner within 200 feet of the petitioner to cover the cost of this procedure. Under no condition shall such sum or any part thereof be refunded after being deposited. No deposit of money shall be required when any action is recommended by the Commission on its own motion.
(g) Petition for Change of Zoning Regulation. Petitions, duly signed, may be presented to the Clerk of the City requesting an amendment, supplement or change of regulations of this ordinance by:
(1) The Municipal Planning Commission;
(2) The owners of fifty percent (50%) or more of the area involved in the petition.
(h) Failure to Give Notice. The failure to notify, as provided by this section, shall not invalidate an ordinance; provided, that such failure was not intended. The omission of the name of any owner or occupant of property who may, in the opinion of the Commission, be affected by such amendment, supplement or change, unless such omission is intentional, shall not invalidate any ordinance passed hereunder, it being the intention of this section to provide insofar as is possible for notice to the persons substantially interested in the proposed change that an ordinance is pending before Council which proposes to make a change in zoning.
(1970 Code Sec. 32-13)