This chapter may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity, convenience, and general welfare require such amendment.

(Zoning Ord., § 611.1)

(a)

Who may initiate action. Amendment may be initiated by the council, the planning and zoning commission, or by application of one or more owners of property affected by the proposed amendment. An application form will be used to make application to change the zoning designation of a piece of property, to acquire a conditional use permit or to ask for a variance as described in section 44-293.

(b)

Application fee. Each application by a property owner shall be accompanied by a fee as provided in the city fee schedule, no part of which shall be returnable to the applicant.

(c)

Accompanying data. An application for an amendment shall be accompanied by drawings and any data necessary to demonstrate that the proposed amendment is in general conformance with the comprehensive plan and that the public necessity, convenience, and general welfare require the adoption of the proposed amendment. An accurate legal description and map of the land and existing buildings shall be submitted with the application.

(Zoning Ord., § 611.3; Ord. No. 07-03, § 1, 4-10-2007)

(a)

Required. Upon filing of the application for an amendment under this article, the planning and zoning commission shall hold a public hearing on such application, as provided for herein.

(b)

Notice. The planning and zoning commission shall give 15 days' notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation. In addition, 20 days' notice of public hearing shall be given by mailing written notices to all owners of property within a 300-foot radius of the exterior boundary of the property. The notice shall contain:

(1)

Date, time, and place of the public hearing.

(2)

Legal description of the property and the street address or approximate location of the property.

(3)

Present zoning district classification of the property and the proposed zoning district classification.

(Zoning Ord., § 611.4)

Costs of notices of public hearings where the proposed amendment is initiated by the planning and zoning commission and council shall be paid by the city. Costs of notices of public hearings for all applications by others shall be paid by the applicant. The applicant shall be responsible for preparing or obtaining an accurate list of owners of property and for mailing timely notices to them, as required under section 44-323. Written notice may consist of a copy of the published notice.

(Zoning Ord., § 611.5)

At the conclusion of the public hearing the planning and zoning commission shall, by a majority vote of the entire planning and zoning commission, certify its recommendations to the council on applications where the recommendation is favorable. Such recommendations shall be by resolution and shall be accompanied by a report of findings and a summary of the hearing.

(Zoning Ord., § 611.6)

(a)

After receipt of a zoning amendment recommendation from the planning and zoning commission, the council shall hold a public hearing on the application, notice of which shall have been given as provided in section 44-323.

(b)

After public hearing, the council shall approve, approve with modification, or deny the application.

(Zoning Ord., § 611.7)

If the council proposes to adopt an amendment to the zoning ordinance in a form altered from such amendment as recommended by the planning and zoning commission or an amendment where denial has been recommended by the planning and zoning commission, the council shall refer such matter back to the planning and zoning commission for report and recommendation before adoption. If the planning and zoning commission has not held a public hearing on such proposed amendment, it shall do so under the procedure set forth in section 44-323. The failure of the planning and zoning commission to report within 30 days after reference shall be deemed to be approval of the proposed amendment.

(Zoning Ord., § 611.8)

Protests against proposed changes shall be filed at least three days before the date of the public hearing before the council. If protests are filed by:

(1)

The owners of 20 percent or more of the area of the lots included in a proposed change; or

(2)

The owners of 50 percent or more of the area of the lots within a 300-foot radius of the exterior boundary of the territory included in a proposed change;

then the proposed change or amendment shall not become effective except by the favorable vote of three of the members of the council.

(Zoning Ord., § 611.9)

In case an application for amendment to the zoning map is denied, such application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission, to be eligible for consideration within less than one year of the denial of the original application.

(Zoning Ord., art. VI, § 611.10)