This chapter and the Official Zoning District Map created by said chapter may be amended from time to time. However, no amendment shall become effective unless it shall have been proposed by, or shall have been first submitted to, the Planning and Zoning Commission for review and recommendation.

1.   The Planning and Zoning Commission shall have 45 days in which to submit its report to the City Council. If the Commission fails to submit a report within the 45-day period, it shall be deemed to have approved the proposed amendment.

2.   A public hearing shall be held by the City Council before adoption of any proposed amendment to the ordinance codified in this chapter. A notice of such public hearing shall be published not less than seven days prior to the date established for such hearing along with notification of the owners of all property within 200 feet of the property for which the change is requested. In no case shall the public hearing be held earlier than the next regularly scheduled City Council meeting following the published notice. Such notice shall include the time and place for the public hearing.

3.   In case the Planning and Zoning Commission does not approve the change, or in a case of a protest filed with the City Council against a change in district boundaries signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or of those immediately adjacent thereto and within 200 feet of the boundaries thereof, such amendment shall not be passed except by the favorable vote of three-fourths of all the members of the City Council.

4.   Application For Change in Zoning District Boundaries.

   A.   Any person may submit to the Council, an application requesting a change in the zoning district boundaries as shown on the Official Zoning Map. Each application shall be filed with the Administrative Officer accompanied by a fee as determined by resolution by the City Council and shall contain the following information:

      (1)   The legal description and local address of the property.

      (2)   The present zoning classification and the zoning classification requested for the property.

      (3)   The existing use and proposed use of the property.

      (4)   The names and addresses of the owners of all property within 200 feet of the property for which the change is requested.

      (5)   A statement of the reasons why the applicant feels the present zoning classification is no longer appropriate.

      (6)   A plat showing existing and proposed locations, dimensions and use of the applicant’s property and all property within 200 feet thereof, including streets, alleys, railroads, and other physical features.

   B.   All fees shall be deposited to the General Revenue Fund of the City. Failure to approve the requested change shall not be deemed cause to refund the fee to the applicant.

   C.   Upon receipt of the application by the Administrative Officer a copy shall be forwarded immediately to the Planning and Zoning Commission for study and recommendation. The Commission shall, prior to making a recommendation, determine the following:

      (1)   Whether or not the current district classification of the property to be rezoned is valid.

      (2)   Whether there is a need for additional land zoned for the purpose requested.

      (3)   Whether the proposed change is consistent with the current land use plan, considering such factors as:

         a.   Whether the rezoning would result in a population density or development which would in turn cause demand for services and utilities in excess of the capacity planned for the area;

         b.   Whether the rezoning would result in the generating of traffic in excess of the capacity of existing or planned streets in the vicinity.

         c.   Whether there is an intent on the part of the applicant to develop the property to be rezoned diligently and within a reasonable time.

5.   The Commission shall report its determinations and recommendations to the Council within 45 days from receipt of the application, except that when no report is issued within that time, the application will be deemed approved by the Commission. The Council shall then hold a public hearing as provided in Subsection 2 of this section.