Whenever justified or required by the public necessity, convenience, general welfare or good zoning practice and after public hearing, report and recommendations of the planning commission thereon, the council may, by ordinance, amend the regulations set forth in this chapter for the districts established on the zoning district map in accordance with the following procedure:

(1)

An amendment may be initiated by the council or the planning commission, or by the verified petition of not less than 50 percent of those property owners within 350 feet of the proposed change.

(2)

Before any amendment is adopted, the planning commission shall hold at least one public hearing thereon after a notice of the hearing has been published in the official newspaper at least ten days before the hearing.

(3)

When an amendment involves changes in district boundaries affecting an area of five acres or less, a notice shall be mailed at least ten days before the day of the hearing to each owner of property within the area of the proposed change, and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceeding.

(4)

Following the hearing, the planning commission shall make a report of it's findings and recommendations on the proposed amendment and shall file a copy with the city administrator within 60 days of the date that the proposed amendment was referred to the planning commission.

(5)

Upon the filing of such report, the council shall hold such public hearings upon the amendment as it deems advisable. After the conclusion of the hearings, if any, the council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment shall be effective only if two-thirds of all the members of the council concur in its passage.

(Ord. No. 9.26, eff. 12-15-79; Code of 1991)