The city council may from time to time amend, supplement, or change the district boundaries or regulations contained in this zoning title. A proposal for an amendment or a change in zoning may be initiated by the city council, by the planning commission, or upon application for the owner of the property affected. All such proposed changes shall be submitted to the planning commission for recommendation and report. The planning commission shall prepare final written findings which shall be submitted to the city council within ninety days after the time of referral of the proposed amendment to the planning commission.

(Ord. 304, Art. 21, § 1, 1990)

The party desiring any change in zoning district boundaries or regulations contained in this zoning title as to any lot, tract or area of land, shall file with the city auditor an application upon forms provided, and such application shall be accompanied by such data and information as may be prescribed by the planning commission.

(Ord. 304, Art. 21, § 2, 1990)

For the purpose of wholly or partially defraying the costs of the proceedings prescribed herein, including publication costs, the applicant, upon filing of the application, shall pay to the city auditor a fee in the amount set by the city council by resolution. Promptly upon the filing of an application, the city auditor shall refer the application to the planning commission for study and recommendation and shall report to the city council concerning the nature of the application and that the application has been referred to the planning commission.

(Ord. 304, Art. 21, § 3, 1990)

(a)

Before the planning commission shall, by proper action, formulate its recommendation to the city council on any such proposed or requested change of zoning district boundary or regulation, whether initiated by the city council, the planning commission, or by the property owner, the planning commission shall hold a public hearing on such proposal. The secretary of the planning commission shall cause a notice of public hearing to be published once a week for two successive weeks prior to the time set for the hearing in the official city newspaper. Such notice shall contain:

(1)

The time and place of the hearing;

(2)

A description of any property involved in any zoning change, by street address if streets have been platted or designated in the area affected;

(3)

A description of the nature, scope and purpose of the proposed regulation, restriction, or boundary;

(4)

A statement of the times at which it will be available to the public for inspection and copying at the office of the city auditor.

(b)

In addition to the publication, the planning commission shall send written notice of the proposed zoning boundary changes to all owners of property within the area proposed to be changed and to property owners within one hundred fifty feet of the area proposed to be changed.

(Ord. 304, Art. 21, § 4, 1990)

Upon receipt of the required final written findings from the planning commission on any amendment, or in the event of the failure of the planning commission to so report after ninety days after the time of the referral of the proposed amendment to the planning commission, the city council shall hold a public hearing. Notice of the public hearing shall be published once a week for two successive weeks prior to the time set for the hearing. The notice shall contain the same information required for the planning commission public hearing listed above.

(Ord. 304, Art. 21, § 5, 1990)

If a protest against a change, supplement, modification, amendment, or repeal is signed by the owners of twenty percent or more: (1) of the area of lots included in such proposed change, or (2) of the area adjacent, extending one hundred fifty feet (45.72 meters) from the area to be changed, excluding the width of the streets, the amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council, provided that protests in writing must be filed with the city auditor prior to the time set for the hearing. If no protest is filed, a majority decision of the city council shall be sufficient.

(Ord. 304, Art. 21, § 6, 1990)