An amendment may be initiated by the city council or the planning and zoning commission or by an application of one or more owners of property affected by this proposed amendment.

Each application by a property owner shall be accompanied by a fee as established by the city council, to cover administrative and processing cost. If the application receives an unfavorable recommendation from the planning and zoning commission after public hearing and is not appealed to the city council within ten (10) days of such recommendations, or if the applicant withdraws his application prior to publication of public hearing by the city council, half of the fee will be refunded.

An application for an amendment shall be accompanied by an accurate legal description, maps, site plans, drawings and any data necessary to illustrate the proposed amendment.

An applicant must be present at the hearing in person, or by a representative. If the applicant is not represented, his case will be tabled. The staff is instructed to notify each applicant by letter when the hearing is to be held and the policy of this board.

Notice of such hearing shall be given by publication three (3) times in the official publication of the City of Stanton, stating the time and place, which time shall not be earlier than fifteen (15) days from the first date of publication.

If, at the conclusion of the hearing, the planning and zoning commission decides to recommend amendment of this article to the city council, said recommendation shall be by resolution of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership. A copy of any recommended amendment shall be submitted to the city council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

If the planning and zoning commission has recommended approval of an application or if the planning and zoning commission has recommended denial of an application and a notice of appeal has been filed,the city council shall set said application for public hearing and if the application was made by a property owner, shall give notice of the time and place of the hearing by one publication in the official newspaper at least fifteen (15) days prior to such hearing, and in addition shall send written notices to the owner of the property or his agent and to all property owners of real property lying within two hundred (200) feet of the subject property. If the amendment was initiated by either the city council or by the planning and zoning commission, notice of the public hearing before the city council shall be made pursuant to subsection (2)(A) above.

When the city planning and zoning commission has recommended to the city council that a proposed amendment be disapproved, the city council may refuse to adopt the amendment by a simple majority vote. However, in order to adopt the amendment which has been recommended for disapproval by the city planning and zoning commission, the city council may do so by a vote of three-fourths (3/4) of the councilmen.

In case of a protest against an amendment to this article signed by the owners of twenty (20) 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 two hundred (200) feet therefrom, or of those directly opposite thereto extending two hundred (200) feet from the street frontage opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the city council.

In case an application for an amendment to this article is denied by the city council, said application shall not be eligible for reconsideration for one (1) year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission, to be eligible for consideration within one (1) year of the denial of the original application.