Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the city council may, by ordinance, change the zoning district boundaries or amend, change, or supplement the zoning regulations established by this title or amendments thereto. Such change or amendment shall first be subject to the review and recommendation of the planning commission. (Ord. 2001-2, 6-12-2001)

A change or amendment may be initiated by the city council, zoning board of appeals, planning commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed. (Ord. 2001-2, 6-12-2001)

Whenever any person, firm or corporation desires that any amendment or change be made in this zoning ordinance, including the text and/or map, as to any property covered by this title, such party shall file an application for zoning amendment or change with the zoning administrator. The zoning administrator shall review the application requesting such amendment or change and determine that the application clearly describes the property and the boundaries to which the amendment or change is desired, lists the reasons justifying the application and specifies the proposed use. Upon a determination by the zoning administrator that the application satisfactorily complies with the statutory requirements, the zoning administrator shall conduct an informal meeting with both the party seeking the zoning amendment or change and the landowners within the affected tract or the landowners within two hundred fifty feet (250') of the affected property. The purpose of such meeting shall be informational in nature. The party requesting the zoning amendment or change shall present the detailed plans of the project which have prompted such application. The interested parties in attendance may make inquiry or express any concerns as to the same. It shall be the responsibility of the zoning administrator to report the contents of this meeting to the planning commission. (Ord. 2001-2, 6-12-2001)

   A.   Upon receiving a request for a change or amendment, the zoning administrator shall review the proposal and a public hearing date shall be set before the planning commission. Upon a request for a change or amendment, the planning commission shall give not less than fifteen (15) days' public notice of a hearing thereon in a newspaper of general circulation. The notice shall contain the particular location of the property affected by the change or amendment requested, as well as a brief statement of the nature of the change or amendment or what the change or amendment permit consists of. In addition, the city clerk will post a notice of the public hearing in three (3) locations.

   B.   If a request for change or amendment is sought, the applicant shall furnish the city clerk a complete list containing the names and last known addresses of the property owners required to be served at the time the change or amendment application is filed plus a written notice. The city clerk will be responsible for mailing the amendment application to the surrounding property owners by registered or certified mail, return receipt requested, not less than fifteen (15) days and not more than thirty (30) days prior to the hearing. One owner of each property within two hundred fifty feet (250') in each direction of the lot line of the subject property shall be notified unless waived. Property ownership shall be based on the tax records of Hancock County and/or how the property is recorded with the recorder of deeds for Hancock County. The number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. Said notice shall contain the address of the subject property, the name and address of the applicant and property owner, a brief statement of the nature of the amendment, and the date and location of the public hearing relative to the application. If, after a bona fide effort to determine such address by the applicant, the owner of the property on which notice is served cannot be found at his or its last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of these provisions shall be deemed satisfied. Failure to comply with the provisions of this subsection shall render the application invalid. Upon the hearing, any party may appear in person or by agent or by attorney. (Ord. 2001-2, 6-12-2001)

   C.   Except in those cases where an amendment or change is sought by the Mayor and City Council, Planning Commission or the Zoning Board of Appeals, the party filing a change or amendment to the Planning Commission shall pay a fee per the application fee schedule in chapter 12 of this title at the time of filing. An additional fee shall be paid for the costs of publication for the public hearing to be held on the change or amendment. For applications that involve more than three (3) property owners surrounding the subject property, the applicant shall pay the current postal rate for each letter the City Clerk sends by registered or certified mail. The letters will not be sent out until the fees are paid. The fees shall be paid to the City Clerk, who shall give a receipt therefor; and a copy of the receipt shall be presented to the Planning Commission with the change or amendment, as evidence that the fees required in the case have been paid. The fees thus collected by the City Clerk shall be paid to the credit of the General Fund of the City. (Ord. 2001-2, 6-12-2001; amd. Ord. 2012-3, 6-12-2012)

The proposed amendment or change shall be reviewed by the Planning Commission. The Planning Commission shall thereafter file a report with the City Council. The Planning Commission shall have sixty (60) days following the filing of the application or proposed amendment or change to submit its report. If a report is not filed with the City Council within sixty (60) days, it may be assumed by the City Council that the Planning Commission approved the application. The applicant for any change may, however, agree to a longer time period than set forth herein. (Ord. 2001-2, 6-12-2001)

After notice of a scheduled hearing has been published or served on adjoining property owners, as provided herein, such hearing may be continued or withdrawn only upon approval of the Planning Commission. A request by an applicant for continuation or withdrawal may only be granted for good cause. Any such request must be made in person to the Planning Commission or in writing setting forth the reasons for the request. Notwithstanding any such request, the Planning Commission shall have the discretion to: grant the request, deny the request and hold any required public hearing and make a recommendation to the City Council regarding the subject application; or grant a continuance and defer taking any final action, but proceed with any required public hearing, or take other appropriate action. In addition, and notwithstanding the foregoing, if an applicant (who has otherwise failed to previously request a continuation or withdrawal of an application) fails to appear at the scheduled hearing, the application may be denied by the Planning Commission with or without any required public hearing and such denial reported to the City Council. (Ord. 2001-2, 6-12-2001)

After receiving the recommendations and report of the Planning Commission, the City Council may pass the proposed amendment with or without change, may reject it, may recommit it to the Planning Commission for further consideration, or take other appropriate action. In the event of a protest against such district change or amendment to the regulations of this title, duly signed and acknowledged by the owners of twenty percent (20%) or more of the areas of the land included in such proposed change, by the owners of twenty percent (20%) or more of the land immediately adjacent extending two hundred fifty feet (250') therefrom, such change or amendment shall not become effective except by the favorable vote of three-fourths (3/4) of the full City Council membership. (Ord. 2001-2, 6-12-2001)

A proposed amendment or change to the terms of this chapter may be amended from time to time as the City Council, Planning Commission or other appropriate party may desire. A proposed amendment or change in the district map may also be amended at any time by the applicant subject to the condition that the publication and notice requirements herein established are again complied with. (Ord. 2001-2, 6-12-2001)

After a public hearing has been held and a zoning change denied in whole or part by the City Council, an application for the same shall not be resubmitted for a period of one (1) year from the date of such denial, unless allowed by the City Council. In general, resubmission shall be allowed only if there is substantial new evidence or proof of changed conditions to warrant resubmission. (Ord. 2001-2, 6-12-2001)