The City Council may by ordinance on its own motion or on application amend, supplement, change, modify or repeal the boundaries or zoning designation of districts herein established, under the procedures herein provided.

Applications for district changes shall be filed in writing with the Director of Community Development or designee. All applications, except those proposed by the City Council or the City Planning and Zoning Commission, shall be accompanied by a non-refundable fee of sixty dollars ($60.00). The applicant shall also pay to the City the costs of mailing notifications and publication fees fourteen (14) days prior to the public hearing. The costs for mailing notifications and publication fees shall be returned to the applicant if such mailings and publications are not made. A copy of the application shall remain on file with the Director of Community Development for public inspection until final action thereon.

The City Council or the City Planning and Zoning Commission may provide forms for applications and may require applicants to provide plats and other documents or other information it may determine to be of value in acting upon the application. The Council and Planning and Zoning Commission may request the opinions and recommendations of other City Boards and Officers upon applications.

Upon receipt of an application in proper form, the City Administrator or designee, within forty-five (45) days, shall refer it to the Planning and Zoning Commission. The Planning and Zoning Commission shall return the application to the City Council with its recommendations relating thereto and showing the number of votes for and against its action and may include a summary of the reasons expressed for and in opposition thereto. The City Council may set, by resolution, a date by which the recommendation shall be returned, no less than twenty (20) days from the date of such setting, and the City Council may proceed without receipt of such recommendations in the absence of receipt by such date.

The City Council may reject an application without referring it to the Planning and Zoning Commission and without publishing a notice of hearing if the application is made within six (6) months of the Council's rejection of a previous application seeking an amendment for the same or a larger or smaller included tract.

The Planning and Zoning Commission shall recommend approval or denial of an application in whole or in part, and a public hearing shall be set as provided in this Section. If the City Council fails to approve an application in whole or in part within thirty-five (35) days after the public hearing, such application shall be deemed to have been rejected in full, unless the City Council shall have expressly extended such time period prior to the expiration thereof.

The City Council may by ordinance on its own motion or on application amend, supplement, change, modify or repeal the regulations or restrictions of districts herein established, following referral thereof to the Planning and Zoning Commission as provided in this Section.

No amendment, supplement, or change of the regulations or restrictions or boundaries of districts shall become effective until after a public hearing before the City Council in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Park Hills. The City Council may provide for the posting of notices of the hearing on the tract and for other means of notifying the public or interested persons of the proceedings.

In case of an adverse report by the City Planning and Zoning Commission, or if a protest against such proposed amendment, supplement, change, modification, or repeal shall be presented in writing to the Director of Community Development, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposed amendment, supplement, change, modification or repeal, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (2/3) of the members of the City Council.

In its action upon an application for change in district boundaries, the City Council may grant a special use permit under Section 400.180 of this Code rather than the requested change in district boundaries or may grant the change to a district which is intermediate in restrictiveness between the existing district and the requested district.