1.   Authority. For the purpose of promoting the public health, safety, morals, comfort, and general welfare, conserving the value of property throughout the City, and lessening or avoiding congestion in the public streets and highways, the Council may from time to time in the manner hereinafter set forth amend the regulations imposed in the districts created by this chapter. This chapter may be amended, provided that in all amendments adopted under the authority of this chapter due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantages of the entire community, and the uses to which the property is devoted at the time of the adoption of such amendment.

2.   Initiation of Amendment. Amendments may be proposed by the Council, Commission, or by any interested person or organization.

3.   Application for Amendment. An application for an amendment shall be filed with the Zoning Administrator. Such application shall be forwarded to the Commission with the request to hold a public hearing on said application for amendment. A fee in the amount of $150.00 payable to the City shall be filed with the application.

4.   Hearing on Application. The Commission shall hold a public hearing on each application of an amendment at such time and place as shall be established by the Commission. Whenever possible, the hearing shall be held within 60 days of the date of the completed application. This requirement may be waived when three more cases are currently pending before the Commission. The hearing shall be held and a record of such proceedings shall be preserved in such a manner as the Commission shall, by rule, prescribe from time to time.

5.   Notice of Hearing. Notice of time and place of such hearings shall be published at least once in one or more newspapers in general circulation in the City not less than seven days or more than 20 days before such hearing. No public hearing shall be held earlier than the next regularly scheduled Commission meeting following published notice. Notice of hearing shall be sent by letter to the property owners within 300 feet in all directions.

6.   Findings of Fact and Recommendation of the Commission. Within 35 days after the close of the hearing on a proposed amendment, unless a majority of the Commission votes for an indefinite extension of this period, the Commission shall make written findings of fact and shall submit same together with its recommendations to the City Council. Where the purpose and effect of the proposed amendment is to change the zoning classifications of particular property, the findings of fact and recommendation shall include the following information:

   A.   The zoning classification of property within the general area of the property in question.

   B.   The suitability of the property in question to the use permitted under the existing zoning classifications.

   C.   The trend of development, if any, in the general area of the property in question, including changes if any which have taken place since the day the property in question was placed in its present zoning classification.

   D.   The Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the application.

   E.   The Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph, the “S.A.” Suburban Agricultural District shall be considered the highest classification and the “M-4” Extra Heavy Industrial District shall be considered the lowest classification.

7.   Action by the Council.

   A.   Receive Commission’s Report. The Council shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the Commission on the proposed amendment.

   B.   Hearings on Application. The Council shall hold a public hearing on each application for an amendment.

   C.   Notice of Hearing. Notice of time and place of such hearing shall be published at least once in one or more newspapers of general circulation in the City no less than 7 days or more than 20 days before such hearing. Supplemental or additional notice may be published or distributed as the Council may, by rule, prescribe from time to time.

   D.   Approval or Denial of Application. The Council shall approve or disapprove the application within 45 days of the recommendation by the Commission, unless a majority of the Council votes for an indefinite extension of this period. The Council may deny any application or amendment.

8.   Denial of Application. No application for an amendment that has been denied by Council shall be resubmitted for a period of one year from the date of said denial, except on grounds of new evidence or proof of change of conditions to be validated by the Commission.