Whenever the public necessity, convenience, general welfare, or good zoning or subdivision practice requires, the City Council may amend, supplement or change the regulations in this title, or the zoning boundaries or classification of property on the official zoning map, as set forth herein.

Amendments to this title may be made only in the following manner:

1.

Amendments to the text of this title or changes in the zoning boundaries or classification of properties shown on the official zoning map may be initiated by the City Council or the Planning Commission.

2.

Amendments to the zoning boundaries or classification of property shown on the official zoning map may be initiated by property owners of the land proposed to be rezoned, by the filing with the Planning Commission Secretary of a zoning change application, which application shall be provided by the Planning Commission Secretary, and accompanied by the required fee of five hundred dollars ($500.00) and all other materials and data required in said application.

3.

Pre-application conference. Persons or parties interested in submitting an application for a zone change shall consult with the Planning Commission Secretary, the City Engineer and the Building Inspector, at a joint meeting, concerning the proposed zone change, its relationship to surrounding and adjacent properties, its relation to, effect upon, and conforms to the comprehensive plan, any applicable specific plans or any plans being prepared by the Planning Commission and whether the proposed change is in conformance with public necessity, convenience, general welfare and good zoning practice.

4.

Application for amendment.

a.

The zone change application shall be completed and filed by the owners of the property proposed to be changed, or the designated agent of the owners. The zone change application shall contain the following information:

(1)

Name of applicant.

(2)

Mailing address.

(3)

Telephone number.

(4)

Current and future (proposed) zoning.

(5)

Accurate legal description of location.

(6)

Nature of zoning change requested.

(7)

Description of present land uses.

(8)

Description of adjacent land uses.

(9)

Statement of intended land use.

(10)

Statement concerning any expected affect upon the adjacent neighborhood.

(11)

Date of pre-application conference.

(12)

Names and addresses of adjacent property owners.

(13)

Signature of applicant.

b.

The zone change application shall be submitted at least twenty-one (21) days prior to a Planning Commission meeting and shall not be accepted by the Planning Commission Secretary unless and until all of the application requirements of this section have been fulfilled.

5.

Preliminary consideration by Planning Commission. The Planning Commission Secretary, upon the satisfactory fulfillment of the zone change application requirements contained herein, shall schedule the requested amendment for a regular or special meeting of the Planning Commission, but in no event later than thirty (30) calendar days following the filing and acceptance of the application. The Planning Commission may approve and call for a public hearing on the request, deny the request or table the request for additional study.

6.

Public hearing by Planning Commission. Following preliminary approval of a zone change application, the Planning Commission Secretary shall set a time and place for a public hearing thereon. Not less than fifteen (15) days notice of the time and place of holding such public hearing shall first be published in the official newspaper of the City. Not less than seven (7) days prior to the scheduled public hearing all known adjacent property owners within one hundred fifty (150) feet shall be notified by letter of the hearing. The Planning Commission may approve, or approve subject to certain stated conditions being met, deny or table the application for further consideration and study.

7.

Planning Commission recommendations. Following the public hearing, the Planning Commission Secretary shall forward the proposed amendment to the City Auditor together with the Planning Commission's recommendation and a report fully setting forth the reasons for such recommendation.

8.

City Council actions. The City Council shall hold a public hearing on each proposed amendment. Upon receipt of the Planning Commission's recommendation and report regarding a proposed amendment to zoning boundaries or classification of property shown on the official zoning map, the City Council shall consider the proposed amendment and schedule a public hearing on same within sixty (60) days following the time said recommendation and report were first received by the City Auditor. Notice of public hearing shall be published once a week for two (2) successive weeks prior to the time set for said hearing in the official newspaper of the City. Such notice shall contain the following items:

a.

The time and place of the hearing.

b.

A description of any property involved in any zoning change, by address if streets have been platted or designated in the area affected.

c.

A description of the nature, scope, and purpose of the proposed regulation, restriction, or boundary.

d.

A statement of the times at which it will be available to the public for inspection and copying at the office of the City Auditor.

All persons interested shall have an opportunity to be heard at the time and place specified. The City Council may approve, or approve subject to certain stated conditions being met, deny or table the application for further consideration and study.

9.

Protest. If written protest against a change, supplement, modification, amendment or repeal is timely filed with the City Auditor and signed by owners of twenty (20) percent or more (i) of the area of the lots included in such proposed change or (ii) of the area adjacent, extending one hundred fifty (150) feet from the area to be changed, excluding the widths of streets, the amendment shall not become effective except by the favorable vote of three-fourths (¾) of all the members of the City Council, otherwise said amendment shall not be approved or adopted without proceeding anew as in the case of a new amendment. To be timely filed, such protests must be filed with the City Auditor prior to the time set for the public hearing referred to in subsection 8 above.

10.

Restrictions. No amendment shall be approved for either a change in zoning classification different from the one applied for and contained in the notice of public hearing under subsection 8 above, or for any land not included therein without proceeding anew as in the case of a new amendment, provided, however, that an amendment may be approved for only a portion of the area proposed for rezoning if the portion rezoned is accurately and sufficiently delineated in the approval action.

11.

Withdrawal of applications. Any application filed and accepted under paragraph b of subsection 4 above may be withdrawn upon written request by the applicant any time prior to the submission of any public hearing notice for advertisement. If public hearing notice has been submitted for advertisement, withdrawal can be made only with the consent of either the Planning Commission or the City Council, whichever body has advertised the hearing.