1.    Provisions for Amendment. An amendment to the Zoning Code may be accomplished by petition, direction of the Council, or the initiative of the Planning and Zoning Commission.

2.    Petition for Change or Amendment. Whenever the owners of 50 percent or more of the area of the lots in any district or part thereof desire any amendment, supplement, or change in any of the provisions of this Zoning Code applicable to such area, they may file a petition with the Clerk requesting the Council to make such amendment, supplement, or change. Such petition shall be accompanied by a map or diagram showing the area affected by the proposed amendment, supplement, or change together with the boundaries of the said area and the names and addresses of all the owners on record in the office of the County Recorder, of lots therein and within a distance of 500 feet outside of the boundaries of said area; and such petition shall immediately be transmitted to the Planning and Zoning Commission for an investigation and report.

3.    Directed to the Planning and Zoning Commission. The Council may, by resolution, direct that the Planning and Zoning Commission study and make recommendations regarding a proposed amendment to the Zoning Code which resolution containing the proposed amendment shall be transmitted to the Planning and Zoning Commission.

4.    Zoning Commission Amendments. The Planning and Zoning Commission may, by resolution, propose an amendment to the Zoning Code and proceed to make recommendations regarding the proposed amendment to the Council.

5.    Action by Planning and Zoning Commission. The Planning and Zoning Commission, upon receipt of a petition for amendment under Section 165.44(2), or a resolution of the Council under Section 165.44(3), or upon passing its own resolution under Section 165.44(4), shall investigate and recommend to the Council whether any amendment, supplement or change should be made to the City zoning regulations. Within 30 days of the receipt of a proposed amendment, supplement, or change, the Planning and Zoning Commission shall conduct a public hearing which any and all parties of interest and citizens may attend. The Planning and Zoning Commission shall cause to be published in the City's official newspaper at least one notice of the meeting and the proposed amendment, supplement, or change not less than seven days and not more than 20 days prior to the public hearing. Within 10 days after the public hearing regarding the proposed amendment, the Planning and Zoning Commission shall present a written report and recommendation to the Council. If the Planning and Zoning Commission has not completed the recommendation within 30 days of receipt of the petition by the Planning and Zoning Commission, it shall file with the Council a written report detailing the progress of the Commission on the investigation of the recommendation.

6.   Filing Fee. A petition for change or amendment to the zoning district boundaries shall by accompanied by a filing fee. This fee is subject to the City’s Fees & Fines Resolution. The fee shall be deposited in the General Fund of the City. Denial of the requested change shall not cause the fee to be refunded to the petitioner.

7.    Public Hearing. After receipt of the Planning and Zoning Commission's recommendation, the Council shall consider the amendment, supplement, or change at a public hearing during a regularly scheduled Council meeting open to the public. Notice of this hearing shall be provided by publication in the City's official newspaper at least once but not less than seven days and not greater than 20 days prior to Council's consideration of the amendment, supplement, or change. Said public hearing shall not take place sooner than the first regularly scheduled Council meeting after notice is published.

8.    Conditions. 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.

9.    Additional Notice. The City may, at its discretion, provide additional notice by regular mail to record owners of property located within the property subject to the amendment and to record owners of property within 200 feet of the exterior boundaries of property subject to the amendment.

10.    Protesting, Change, or Amendment.

   A.   A protest against any proposed amendment, supplement or change may be filed with the Clerk prior to the public hearing of the Planning and Zoning Commission or with the Council at the public hearing considering the amendment, supplement, or change.

   B.   The protest must be written and if signed by the owners of 20 percent or more of the area of the lots included in the proposed change or repeal, or by the owners of 20 percent or more of the property which is located within 200 feet or more of the exterior boundaries of the property for which the change or repeal is proposed, then the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council.

11.    Renewal of Petition. Whenever a petition requesting an amendment, supplement, or change of any regulation prescribed by this Zoning Code has been denied by the Council, such petition cannot be renewed for one year thereafter, unless, it be signed by at least 50 percent of the property owners who previously objected to the change; this provision, however, shall not prevent the Council from acting on its own initiative in any case at any time provided in this chapter.

12.    Notice Provisions. For the purposes of this section, notice of the Planning and Zoning Commission hearings and the Council meetings regarding amendments, supplements, and changes to zoning properties shall include the following information: The date, time, and place of the hearing, the proposed amendment, statement that a written protest to the amendment may be presented at the meeting; and that the proposed change shall not become law unless passed by a three-quarter vote of all members of the Council if the protest is signed by the owners of 20 percent or more of the area of the lots within the area of the proposed change or 20 percent of the area of the lots within 200 feet of the exterior boundaries of the property for which the change is proposed. The notice must also state that the Council may impose reasonable restrictions are presented in writing at the hearing before the Council.