A. Initiation of Amendments and Fees. The City Council, from time to time, may supplement, change or generally revise the boundaries or regulations contained in the Zoning Regulations by amendment. A proposal for such amendment may be initiated by the City Council or the Planning Commission. If such proposed amendment is not a general revision of the existing Zoning Regulations and affects specific property, the amendment may be initiated by application of the owner of property affected. Any application of the owner of property affected shall be filed with the City Clerk and shall be accompanied by a fee to cover the costs of amendment and shall be in an amount to be determined by the City Clerk. In determining such amount, the Clerk shall take into account only the costs of notice and other non-administrative costs.

B. Tentative Recommendations and Notice of Hearing. All proposed amendments shall first be submitted to the Planning Commission for recommendation. The Planning Commission shall hold a public hearing thereon and shall cause an accurate written summary to be made of the proceedings. The Planning Commission may develop proposed Zoning Regulations in advance of a public hearing thereon. Notice of such public hearing shall be published at least once in the official City newspaper at least twenty (20) days prior to the date set for the hearing. Such notice shall fix the time and place for the hearing and shall contain a statement regarding the proposed changes in regulations or restrictions or in the boundary of any zone or district. If the proposed amendment is not a general revision of existing ordinances and will affect specific property, the notice shall designate such property by legal description or a general description sufficient to identify the property and, in addition to the published notice, written notice of the proposed amendment shall be mailed to all owners of record of lands located within two hundred feet (200') of the area proposed to be altered. All notices for an amendment that is not a general revision of existing ordinances and which will affect specific property shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available.

C. Effective Notice. When the mailed notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning Commission or the governing body. Published and mailed notice is sufficient to permit the Planning Commission to recommend amendments to the Zoning Regulations which affect only a portion of the land described in the notice or which give all or any part of the land described, a zoning classification of lesser change than that set forth in the notice. A recommendation of a zoning classification of lesser change than that set forth in the notice shall not be valid without republication and, where necessary, remailing, unless the Planning Commission has previously established a table or publication available to the public which designates which zoning classification or lesser changes authorized within the published zoning classifications.

D. Hearing Before the Planning Commission. Public hearings before the Planning Commission shall be conducted in accordance with the by-laws of the Planning Commission. At any public hearing held to consider a proposed rezoning, an opportunity shall be granted to interested parties to be heard. The hearing on the proposed amendment may be adjourned from time to time.

E. Planning Commission Recommendation on Amendment. A majority of the members of the Planning Commission present and voting at the hearing shall be required to recommend approval or denial of the amendment to the governing body. The amendment to the Zoning Regulations to be acted upon shall be in the form of a proposed zoning ordinance. If the Planning Commission fails to make a recommendation on a rezoning request, the Planning Commission shall be deemed to have made a recommendation of disapproval.

F. City Council Consideration. After action by the Planning Commission, the Commission shall submit the proposed ordinance as to which action was taken with a description of the action taken, and an accurate written summary of its hearings thereon, to the City Council. When the Planning Commission submits a recommendation of approval or disapproval of such amendment and the reasons therefor, the governing body may:

If the City Council returns the Planning Commission’s recommendation, the Planning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Upon the receipt of such recommendation, the City Council, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by ordinance, or it need take no further action thereon. If the Planning Commission fails to deliver its recommendation to the City Council following the Planning Commission’s next regular meeting after receipt of the City Council’s report, the City Council shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly.

G. Rezoning and Effective Date. The proposed rezoning shall become effective upon publication of the adopting ordinance.

H. Amendment Affecting Boundaries of Zone or District. If such amendment shall affect the boundaries of any zone or district, the ordinance shall describe the boundaries as amended, or if the City has made provision for the fixing of the same upon an official map which has been incorporated by reference, the amending ordinance shall define the change or the boundary as amended, shall order the official map to be changed to reflect such amendment, and shall amend the section of the ordinance incorporating the same and reincorporate such map as amended.

I. Protest Petition. Regardless of whether or not the Planning Commission approves or disapproves a proposed amendment to these Zoning Regulations if a protest petition against such amendment is filed in the office of the City Clerk within fourteen (14) days after the date of the conclusion of the public hearing pursuant to said publication notice, duly signed and acknowledged by the owners of record of twenty percent (20%) or more of any real property proposed to be rezoned or by the owners of record of twenty percent (20%) of the total area, excepting public streets and ways, located within or without the corporate limits of this City and located within two hundred feet (200') of the boundaries of the property proposed to be rezoned, the ordinance adopting such amendment shall not be passed except by at least a three fourths (¾) vote of all of the members of the City Council. [Ord. 1267, 09-14-09.]