This Chapter, including the official zoning map, may be amended from time to time, but no amendments shall become effective unless they have been proposed by, or shall first have been submitted to, the Planning Commission for review and recommendation to the City Council.

In order to have a proposed change of district or amendment introduced and considered by the Planning Commission, persons requesting the same shall comply with the following:

A.

At the time an application for the change of a Zoning District or amendment to the zoning text is filed with the Planning Commission, there shall be deposited with the Municipal Clerk the sum of $50.00 as a fee to cover investigation, legal notices, and other expenses incidental to the determination of such matter. When the actual cost for these expenses has been determined by the Municipal Clerk, he shall notify the applicant and any costs over and above the $50.00 fee previously collected shall be paid by the applicant to the Clerk. In the event the costs are less than the fee collected, the Clerk shall refund the difference to the applicant.

B.

Each petition for amendment shall be accompanied by a map or drawing showing the area affected by the proposed change, together with the names and addresses of all owners of record title to lots therein.

All such proposed amendments shall first be submitted to the Planning Commission for recommendation and report. Upon the development of tentative recommendations, the Planning Commission shall hold a public hearing thereon and shall cause an accurate written summary to be made of the proceedings, and shall give notice in like manner as that required for the original zoning recommendations. Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed changes in regulations or restrictions or in the boundary of any district.

If such proposed amendment is not a general revision of an existing provision of this Ordinance and will affect specific property, it shall be designated by legal description and general street location and in addition to such publication notice, written notice of such proposed amendment shall be mailed to all owners of lands located within 300 feet of the area proposed to be altered and an opportunity granted to interested parties to be heard.

Failure to receive such notice shall not invalidate any subsequent action taken. Such notice is sufficient to permit the Planning Commission to recommend amendments to 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 or less change than that set forth in the notice, provided that recommending a zoning classification of lesser change than that set forth in the notice shall not be valid without republication and where necessary, re-mailing.

The procedure for the consideration and adoption of any such proposed amendment shall be in like manner as that required for the consideration and adoption of the Ordinance except herein before or herein after modified. For action on zoning amendments, a quorum of the Planning Commission is more than one-half of all the members. A vote either for or against an amendment by a majority of all the Planning Commission members present constitutes a recommendation of the commission; whereas a vote either for or against an amendment by less than a majority of the Planning Commission present constitutes a failure to recommend.

When the Planning Commission submits a recommendation of approval or disapproval of such amendment, the City Council, if it approves such recommendation, may either adopt such recommendation by Ordinance or take no further action thereon, as appropriate. In the event the Planning Commission submits a failure to recommend, the City Council may take such action as it deems appropriate. Upon receipt of a recommendation of the Planning Commission which the City Council disapproves, the said governing body shall return such recommendation to the Planning Commission with a statement specifying the basis for disapproval and such recommendation shall be considered in like manner as that required for the original recommendations returned to the Planning Commission. If such amendment shall affect the boundaries of any district, the Ordinance shall define the change or the boundary as amended, shall order the Official Zoning 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.

Before enacting an amendment to this Chapter, the Governing Body shall hold a public hearing thereon. At least ten days prior to such hearing, notice of the time and place shall be published in a newspaper of general circulation in the Municipality. Additionally, notice shall be posted in a conspicuous place on or near the property on which action is pending. Such notice shall not be less than 18 inches in height and 24 inches in width with a white or yellow background and black letters not less than 1½ inches in height. Such posted notice shall be so placed upon such premises that it is easily visible from the street nearest the same and shall be posted at least ten days prior to the date of such hearing. It shall be unlawful for anyone to remove, mutilate, destroy or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor. If the record title owners of any lots included in such proposed change are nonresidents of the Municipality, then a written notice of such hearing shall be mailed by certified mail to them addressed to their last known addresses at least ten days prior to such hearing. The provisions requiring that notice be posted on the premises to be rezoned shall not apply in the event of a proposed change in regulations, restrictions and boundaries throughout the entire planning area. The only requirement then shall be the publication of the notice in the newspaper as provided in this Section.

In case of a protest against such change signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent thereto, extending 300 feet therefrom, and of those directly opposite thereto extending 300 feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of three-fourths of all members of the Governing Body.