1.

The City Council may from time to time amend, supplement or change the district boundaries or regulations contained in this zoning ordinance. A proposal for an amendment or a change in zoning may be initiated by the City Council, by the Planning Commission, or upon application of 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 90 days after the time of referral of the proposed amendment to the Planning Commission.

1.

The party desiring any change in zoning district boundaries or regulations contained in this zoning ordinance 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.

1.

The fee for defraying the costs of the proceedings prescribed herein shall be set by resolution by the City Council, and shall be on file for inspection at the office of the City Auditor during normal business hours. 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 said application has been referred to the Planning Commission.

(Ord. No. 260, 2-6-2012)

1.

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 consecutive weeks prior to the time set for the said hearing in the official city newspaper. Such notice shall contain:

a)

The time and place of the hearing.

b)

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

c)

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

d)

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.

1.

Upon receipt of the recommendations from the Planning Commission on any proposed amendment, or in the event of the failure of the Planning Commission to so report after 90 days from the date of the public hearing before the Planning Commission, the City Council may either grant or deny the proposed amendment. The City Council may hold a public hearing on the proposed amendment to gather further information upon the proposed amendment. Notice of the public hearing to be published as set forth in SECTION 4.

2.

Any party who desires to appeal any action taken by the Planning Commission on a proposed amendment may have the action reviewed by the Board of Zoning Appeals by filing an appeal with the City Auditor within seven (7) days from the date of the action appealed from as provided for under Article XXIX.

1.

If a protest against a change, supplement, modification, amendment, or repeal is signed by the owners of twenty percent or more:

a)

Of the area of lots included in such proposed change; or

b)

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 within seven (7) days from the recommendation of the Planning Commission. If no protest is filed, a majority decision of the City Council shall be sufficient.