The boundaries of the zones established by the provisions of this chapter, the classification of property uses therein, or other provisions of this chapter may be amended whenever the public necessity, convenience, and general welfare require.

(Prior code § 10-2.2901)

Amendments to the provisions of this chapter may be initiated by:

(a)

For zone boundary changes:

(1)

The verified application of one or more owners of property proposed to be reclassified;

(2)

Resolutions of Intention of the Council; or

(3)

Resolutions of Intention of the Commission; and

(b)

For changes other than zone boundary changes:

(1)

Resolutions of Intention of the Council; or

(2)

Resolutions of Intention of the Commission.

(Prior code § 10-2.2902)

Whenever the owner of any land or building desires a zone boundary change for his property, or for an area on which his property is a part, he shall file with the Commission an application therefor, verified by him, requesting such amendment.

(Prior code § 10-2.2903)

Upon the filing of a verified application for an amendment, or the adoption of a Resolution of Intention by the Commission or the Council, the Commission shall hold one public hearing thereon, and notice of such hearing shall be given as provided in Article 31 of this chapter.

(Prior code § 10-2.2904)

The Commission shall announce its findings by formal report not more than thirty (30) days following the hearing, and such report shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the approval or denial of the application for the amendment necessary to carry out the general purposes of this chapter, and shall recommend the adoption of the amendment by the Council or deny the application.

(Prior code § 10-2.2905)

When the Commission's action is to recommend the adoption of the amendment, the Commission, within ten (10) days after the. date of such action, shall notify the applicant by forwarding a copy of the report to the applicant at the address shown upon the application and shall forward to the Council a complete report of the case.

(Prior code § 10-2.2906)

When the action of the Commission is to deny an application, the Commission, within ten (10) days after the date of such action, shall notify the applicant by forwarding a copy of the report to the address shown upon the application.

(Prior code § 10-2.2907)

The action of the Commission in denying an application for an amendment shall be final and conclusive unless, within five (5) days following the date of such action, an appeal in writing is filed with the Council by the applicant.

(Prior code § 10-2.2908)

Upon the receipt of a written appeal filed with the Council by the applicant, as provided in this article, the City Clerk shall advise the secretary of the Commission, who shall transmit to the City Clerk a complete record of the case.

(Prior code § 10-2.2909)

Within not to exceed thirty (30) days following the receipt of the report from the Commission recommending the adoption of the amendment, or the filing of a written appeal from an order of the Commission denying an application for an amendment, as provided in this article, the Council shall conduct a duly advertised public hearing on the matter, public notice of which shall be given as provided in Article 31 of this chapter.

(Prior code § 10-2.2910)

The Council shall announce its findings and decision not more than thirty (30) days following the hearing.

(Prior code § 10-2.2911)

The action by the Council on the application for an amendment shall be by a majority vote of the entire membership of the Council and shall be final and conclusive; provided, however, if the decision is contrary to the recommendation of the Commission, action to grant an appeal shall require a four-fifths (⅘) vote of the entire Council. The Council may request a supplementary report from the Commission before taking such action.

(Prior code § 10-2.2912)