The Board of Aldermen may amend this Title on its own motion or on petition after submission of the proposed amendment to the Planning and Zoning Commission for its recommendation and report and a hearing. Petitions shall be made by application and payment of fees as prescribed by ordinance in Section 2-176 of this Code.

(A)

The Board of Aldermen shall first hold a hearing on the proposed amendment at least fifteen (15) days after the publication of a notice of the hearing as provided by law.

(B)

If the Planning and Zoning Commission disapproves the change, or if a protest against the proposed amendment is signed and acknowledged by the owners of thirty (30) percent or more of the area of land (exclusive of streets and places) included in the proposed change, or within an area defined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the area of the proposed change, the amendment shall not be effective unless it is adopted by two-thirds (⅔) of the members of the Board of Aldermen. Otherwise, the amendment shall be effective on the majority vote of the Board of Aldermen.

(C)

A zoning map amendment changes the designation or changes in zoning district boundaries illustrated on the official zoning map of the city and shall be referred to as "map amendments" or "rezoning." Actions on map amendments may be initiated by (1) the Mayor; (2) Motion of the Board of Aldermen; (3) on a motion of the Planning & Zoning Commission; or (4) Petition by one (1) or more of the authorized representatives of the owner(s) of property in the area of the proposed map amendment.

(D)

A text amendment to the zoning code changes the written provisions contained in this ordinance and shall be referred to as "zoning text amendments." Actions on zoning text amendments may be initiated only by: (1) the Mayor; (2) motion of the Board of Aldermen; (3) on the motion of the Planning & Zoning Commission; or (4) by any organization, governmental body or individual with a financial, contractual or proprietary interest in property located within the city which would be affected by the proposed amendment.

(E)

Procedure for zoning text amendments initiated by any person or organization under this section:

a.

Such petitions shall be filed in writing with the City Clerk in a format prescribed by the Zoning Enforcement Officer. Such application shall include a written narrative statement explaining the proposed amendment and the property or properties within the city impacted by such proposed change.

b.

Such application shall be accompanied by the filing and review fees established by ordinance to cover the anticipated full cost for review of the petition including the cost of staff resources and consultants as may be required as determined by the board of aldermen.

c.

The Zoning Enforcement Officer shall review all such petitions and file a written report and recommendation to the board of aldermen on any proposed text amendments.

d.

The board of aldermen shall, at is sole discretion, determine if a proposed text amendment submitted by any person under this section should be rejected or warrants referral to the planning and zoning commission for formal review and recommendation.

(Ord. No. 2800, § 1(Exh. A), 10-9-17; Ord. No. 2982, § 1, 7-10-23)