The City Council may from time to time on its own action or on petition, after public notice and hearings as provided by law and after report by the Zoning Commission, amend, supplement, or change the boundaries or regulations herein or subsequently established; and such amendment shall not become effective except by the favorable vote of a majority of all the members of the City Council.

   1.   Prior to, and in addition to, the above requirements, whenever any person, firm, or corporation desires that any amendment or changes be made in this Zoning Ordinance as to any property in the City, there shall be presented to the Commission a petition requesting such change or amendment and clearly describing the property and its boundaries as to which change or amendment is desired duly signed by the owners of 50 percent of the area of all real estate included within the boundaries of said tract as described in said petition. A plat shall be submitted showing the name and address of the owners of record as found in the County Assessor’s record of all property lying within 250 feet of the boundaries of the proposed property to be rezoned. If the petition is requesting a P-D Planned Development District, it shall also have attached to it such proposed plan.

   2.   Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Clerk the sum of $75.00 to cover the costs of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law.

   3.   The Zoning Commission shall, upon receipt of said petition and plat, notify through publication of legal notice and if deemed necessary by direct mail, all parties concerned as shown on said plat of a hearing to be held by said Commission. The notice of hearing shall be printed and mailed at least 15 days prior to the hearing and shall contain a description of the proposed property to be rezoned and the present and proposed zoning classification. The Zoning Commission may, upon the unanimous approval of members present at a regular meeting, suspend the above hearing requirement and initiate the rezoning request.

   4.   In case the proposed amendment, supplement, or change be disapproved by the Zoning Commission, or a protest be presented duly 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 in the rear thereof, extending the depth of one lot or not to exceed 200 feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council. Whenever any petition for an amendment, supplement, or change of the zoning or regulations herein contained or subsequently established shall have been denied by the City Council, then no new petition covering the same property and additional property shall be filed with or considered by the City Council until six months shall have elapsed from the date of the filing of the first petition.

   5.   The zoning district classification of each lot, tract, or parcel of land hereafter rezoned to a less restrictive classification as herein provided shall after a period of two years be considered by action of the Zoning Commission or the City Council for re-zoning to the zoning district classification as established at the date of passage of this Zoning Ordinance unless an application for an occupancy permit and building permit has been approved and construction has commenced and is being done in an orderly and progressive manner without undue delay indicating good faith to complete such construction. Notice to property owners and public hearing would be required prior to passage of said ordinance to rezone.

   6.   Publication of the legal description of the property or properties zoned or rezoned shall constitute an official amendment to the official zoning map; and as such, said map or portion of said map need not be published.

      A.   Changes; Protest. The regulations, restrictions, and boundaries may from time to time, be amended, supplemented, changed, modified or repealed, changing land from one zoning district to another zoning district, or by adoption of an ordinance approving a site development plan, the Council may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change.

      B.   Change; Requirement for Sign for Zoning Change. The Zoning Commission shall, upon receipt of said petition and plat, notify, through publication of legal notice and by direct mail, all parties concerned as shown on said plat of a hearing to be held by said Commission. The notice of hearing shall be printed and mailed at least 15 days prior to the hearing and shall contain a description of the proposed property to be rezoned and the present and proposed zoning classification. In addition, a sign of 16 square feet, using letters at minimum of three inches shall be erected on the site of the planned zoning change in a clearly readable location, and it shall state:

NOTICE OF PUBLIC HEARING

EVANSDALE CITY HALL

(DATE) AT 7:00 P.M.

PROPOSED ZONING CHANGE

FROM (CURRENT) TO (PROPOSED)

The sign shall be erected at least 15 days prior to the public hearing. The Zoning Commission may upon the unanimous approval of members present at a regular meeting, suspend the above hearing requirement and initiate the rezoning request.