(a)

The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed by the mayor and board of aldermen in accordance with the provisions of this chapter and state law. Applications for amendment to this chapter may be submitted by any citizen or client, or any board, taxpayer, department or bureau of the city.

(b)

When a proposed amendment affects the zoning classification of property, and in case a protest against such change is signed by the owners of 30 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 160 feet therefrom, or those directly opposite thereto extending 160 feet from the street frontage of such opposite lots, then such amendment shall not become effective except by a favorable vote of two-thirds of the mayor and board of aldermen.

(c)

In granting an amendment that affects the zoning classification of property, the mayor and board of aldermen may prescribe appropriate conditions and safeguards in conformity with the provisions of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the amendment is granted, shall be deemed a violation of this chapter and punishable under section 42-185.

(Ord. of 2-16-2010, § 900)

(a)

An amendment to this chapter shall not be passed by the mayor and board, unless and until:

(1)

Application. A written application for such amendment is submitted to the administrative official indicating the exact nature of the proposed change, the grounds on which it is requested, and other such information as may be required to determine the merits of the application. When a proposed amendment affects the zoning classification of property, the application for such amendment shall be accompanied by a petition bearing the names of the owners of all lots included in the proposed change and within 160 feet in all directions thereto, and the signature of all said lot owners that favor the proposed amendment.

(2)

Hearing. A hearing on the proposed amendment shall be held before the city board of adjustment. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city.

(3)

Recommendations. The board of adjustment shall, within 30 calendar days of the hearing, make recommendations to the mayor and board of aldermen concerning disposition of the proposed amendment. If the commission has taken no action within this period, or within a 60 day extension of this period as provided hereafter, the proposed amendment shall be deemed as wholly disapproved.

(4)

Hearing the application. After receiving the board of adjustment's recommendation and all records of the proposed amendment, the mayor and board of aldermen shall hear the application. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation of the city.

(5)

Approval or denial. Within a reasonable time after said hearing, such time not to exceed 30 calendar days, the mayor and board of aldermen shall approve or deny, wholly or partly, or may modify the proposed amendment. If the mayor and board of aldermen have made no determination on disposition of the proposed amendment within 30 calendar days after the hearing, such amendment shall be considered to be wholly denied.

(b)

Nothing in this section shall, however, be construed as preventing the mayor and board of aldermen from making amendments to this chapter on its own motion, and provided, however, that the board of adjustment shall have reviewed such amendments in accordance with the preceding procedures. In the event that insufficient information is available for the board of adjustment or mayor and board of aldermen to evaluate the merits of a proposed amendment, nothing in this section shall be construed as preventing them from delaying action on the matter for an additional 60 days to collect additional information.

(c)

The board of adjustment and the mayor and board of aldermen may prescribe the rules for hearings and for considering applications for amendments.

(Ord. of 2-16-2010, § 901)

The applicant and/or owners shall have the burden to present and adequately prove all necessary factors and matters in support of the application.

(Ord. of 2-16-2010, § 902)