A. Authority: Whenever the public necessity, convenience, general welfare or the evolving comprehensive plan requires, the city council may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this title or amendments hereto, or approve a planned development project. Said change or amendment shall be subject to review by the planning commission.
B. Initiation: A change or amendment may be initiated by the city council, planning commission, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
C. Petitions:
1. Petitions for any change to the district boundaries or amendments to the regulations, other than planned development projects, shall be filed with the city clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:
a. Plot plan, drawn to a scale of one inch equals one hundred feet (1" = 100'), showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within two hundred feet (200') of the area proposed to be rezoned. (Ord., 4-1-1973)
b. Owners' names and addresses of all properties lying within two hundred feet (200') of the area proposed to be rezoned, and additional information required by the planning commission or city council. (Ord., 4-1-1973; amd. 1981 Code)
2. Petition for a planned development project shall be filed as a preliminary plat, as required by the planned development procedure.
D. Hearing: The planning commission shall hold a public hearing upon each request listing the time, place and change or amendments proposed and published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in one or more newspapers of general circulation in the city.
E. Planning Commission Recommendations: The planning commission shall review all proposed changes and amendments within the corporate limits and shall recommend, after holding a public hearing as prescribed in subsection D of this section, that the petition be granted as requested.
F. City Council Action: After careful consideration of the planning commission's recommendations, the city council shall vote on the passage of the proposed change or amendment. The planning commission's recommendations may only be overruled by three-fourths (3/4) of the full city council membership. (Ord., 4-1-1973)
G. Protests: In the event of a written protest against such district change or amendment to the regulations of this title, duly signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the city clerk, the district change or amendment shall not be passed except by a favorable vote of two- thirds (2/3) of the aldermen then holding office. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed district change or amendment and a copy upon the applicant's attorney, if any, by certified mail at the addresses of the applicant and attorney shown in the application for the proposed amendment. (Ord., 4-1-1973; amd. 2009 Code)