This chapter may be amended using the procedures specified below.

Whenever the public necessity, convenience, general welfare or good zoning practices require, city council may by ordinance, after receipt of recommendation thereon from the commission and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property.

Amendments to the zoning code may be initiated in one of the following ways:

(A)

By the adoption of a motion by the commission.

(B)

By the adoption of a resolution by city council.

(C)

By the filing of an application with the commission by at least one owner or lessee of property within the area proposed to be changed or affected by said amendment.

Applications for amendments to the official zoning map adopted as part of this chapter shall contain at least the following information:

(A)

The name, address, and phone number of the applicant.

(B)

The proposed amending ordinance, approved as to form by the city law director.

(C)

A statement of the reason(s) for the proposed amendment.

(D)

Present use.

(E)

Present zone.

(F)

Proposed use.

(G)

Proposed zone.

(H)

A vicinity map at a scale approved by the zoning administrator showing property lines, thoroughfares, existing and proposed zoning, and such other items as the zoning administrator may require.

(I)

A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be re-zoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be re-zoned.

(J)

A statement on the ways in which the proposed amendment relates to the comprehensive plan.

(K)

A fee as established by ordinance.

Applications for amendments proposing to change, supplement, amend, or repeal any portion(s) of the zoning code, other than the official zoning map, shall contain at least the following information:

(A)

The name, address, and phone number of the applicant.

(B)

The proposed amending ordinance, approved as to form by the city law director.

(C)

A statement of the reason(s) for the proposed amendment.

(D)

A statement explaining the ways in which the proposed amendment relates to the comprehensive plan.

(E)

A fee is established by ordinance.

A resolution of city council meets the requirements of this section.

Immediately after the adoption of a resolution by the city council or the filing of an application by at least one owner or lessee of property, said resolution or application shall be transmitted to the commission.

Within 60 days from the receipt of the proposed amendment, the commission shall transmit its recommendation to the city council. If the commission determines that a public hearing is appropriate then this period may be extended to 90 days. Notice of the public hearing shall follow the same requirements as Section 23.09.08. The commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The written decision of the commission shall indicate the specific reason(s) upon which the recommendation is based, to include the basis for its determination that the proposed amendment is or is not consistent with the city comprehensive plan.

(A)

A resolution from city council may specify a longer period for consideration by the commission. Failure of the commission to make recommendations on a city council resolution within 60 days or the time specified in the resolution (whichever is longer) shall constitute approval of the proposed amendment. The commission may request an additional period of time for its deliberations.

Upon receipt of the recommendation from the commission, or the expiration of the time period noted above, city council shall schedule a public hearing.

Notice of the public hearing required in Section 23.09.09 shall be given by city council by at least one publication in one or more newspapers of general circulation in the city. Said notice shall be published at least 30 days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

If the proposed amendment intends to re-zone ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the clerk of council, by first class mail, at least 20 days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be re-zoned to the address of such owners appearing on the county auditor's current tax list or the treasurer's mailing list, and to such other list or lists that may be specified by city council. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 23.09.09.

Following such hearing and after reviewing the recommendations of the planning commission thereon, the city council shall consider such recommendations and vote on the passage of the proposed classification or reclassification of the zoning map or the proposed changes of the zoning code. No classification, reclassification, or change shall take effect without the concurrence of at least a majority of the full membership of city council. Any amendment to such proposed classification, reclassification, or change which differs from or departs from the recommendations submitted by the commission must be approved by not less than three-fourths of the full members of city council.