(A) The city may, from time to time, on its own petition or on the petition of any person, amend, supplement, change, modify or repeal by ordinance, the boundaries of districts or regulations, or restrictions established. The petition for the proposed amendment, supplement, change, modification or repeal shall be in writing and be filed with the Board of Appeals. The petition shall set forth with brevity and clarity all the facts and circumstances involved, the specific change or changes sought, the reasons the same are sought and the particular and specific result to be accomplished thereby and, in the case of change in district boundaries, shall be accompanied by an accurate map or plat of the area sought to be affected thereby.
(B) As soon as convenient the Board of Appeals shall cause a public hearing to be held in relation thereto, after giving not more than 30, nor less than 15, days’ notice of the time and place of the hearing and publishing the notice in a newspaper having a general circulation in the city. The notice shall state the time and place of the hearing and a brief statement of the proposed amendment.
(C) (1) Notice of any petition requesting any relief pursuant to this subchapter shall be served upon all owners of record, other than those who have signed the petition requesting the proposed change, of all property which is the subject of the petition and to all owners of record of property adjacent to the premises to which the appeal pertains. The notice shall state briefly the names of the petitioners, a description of the property affected by the proposed change, a brief but clear statement of the proposed change and the time and place of the hearing on the proposed change before the Board of Appeals. Notice may be served in person or by certified mail, return receipt requested, to the last known address of any owner, or if the address cannot be reasonably ascertained, to the person in possession thereof. Notice mailed to the address as appears on the authentic tax books of the county will be sufficient if no one is in possession of the land.
(2) The notice shall be served not more than 30 days, nor less than 15 days, prior to the date set for the hearing on the proposed change. No change in the district boundaries shall be effective unless notice as herein prescribed in given.
(D) If a protest against the proposed amendment, supplement, change, modification or appeal is presented in writing to the City Clerk signed and acknowledged by the owners of 20% of the frontage proposed to be altered or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, the amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds of all the members of the City Council.
(E) Within 30 days following the hearing the Board of Appeals shall file a report of the hearing and its recommendations with the City Council. The City Council shall accept or reject the proposed amendment and recommendation of the Board of Appeals at its next regular meeting after receipt of the same, provided that the terms of division (F) below are fully satisfied.
(F) The party or parties proposing or recommending a change in the district regulations or district boundaries shall pay at the time of filing a refundable deposit of $1,250 toward the costs of the proceedings. The refundable deposit shall be paid to the City Clerk, who shall give a receipt therefor; and a copy of the receipt shall be presented to the Board at the convened hearing, as evidence that the deposit has been paid. Said refundable deposit shall be applied to the costs of the proceedings, including but not limited to, certified mailing, publication of notice, court reporter fees and other professional fees incurred by the city. Should the total costs of said proceedings be less than the deposit, a refund of any overpayment will be made to the filing party; however, should the costs of said proceedings exceed the deposit paid, the filing party shall pay any and all additional costs to the city upon demand. The outcome of the proceedings shall in no way effect the obligation of the filing party to fully satisfy the costs of the proceedings.
(1994 Code, § 155.183) (Ord. 200, passed 4-28-1969; Ord. 16-04, passed 4-25-2016)