Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Council may, by ordinance, change the District boundaries or amend, change, or supplement the regulations established by this Chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Plan Commission.

A change or amendment may be initiated by the Council or Plan Commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

Petitions for any change to the District boundaries or amendments to the regulations shall be filed with the Zoning Administrator, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use, and have attached the following:

(1)

Plot Plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent Zoning Districts, and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.

(2)

Owners Names and Addresses of all properties lying within 200 feet of the area proposed to be rezoned.

(3)

Additional Information as may be required by the Zoning Administrator, Plan Commission, or Council.

The Plan Commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified and granted, or denied.

The Council shall hold a public hearing upon each petition giving public notice thereof as specified in Chapter 17.804, listing the time, place, and the changes of amendments proposed. The Council shall also give at least 10 days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

As soon as possible after such public hearing, and after careful consideration of the Plan Commission's recommendations, the Council shall act on the petition either approving, modifying and approving, or disapproving of the same.

In the event of a protest against such District change or amendment to the regulations of this Chapter, duly signed and acknowledged by the owners of 20 percent or more of the areas of the land included in such proposed change, by the owners of 20 percent or more of the land immediately adjacent extending 100 feet there from, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such change or amendment shall not become effective except by the favorable vote of ¾ of the full Council membership.

The Zoning Administrator, in reviewing zoning permits, may grant modifications to the terms of this Chapter as provided herein.

(1)

Height. The district height limitations set forth elsewhere in this Chapter may be exceeded as follows:

(a)

Architectural Projections such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys are exempt from the height limitations of this Chapter.

(b)

Special Structures such as elevator penthouses, grain elevators, radio and television antenna, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smoke stacks are exempt from the height limitations of this Chapter. Radio and television antennas shall be shielded and/or filtered to prevent the emission and/or reflection of electromagnetic radiation that would interfere with radio and television reception on adjacent properties.

(c)

Essential Services are exempt from the height limitations of this Chapter.

(d)

Communication Structures such as radio and televisions transmission and relay towers, and observation towers, but excluding mobile towers and amateur radio towers, shall not exceed in height three times their distance from the nearest lot line.

(e)

Airport Height Limitations in accordance with this Chapter shall supersede any modifications to the height regulations herein allowed.

(2)

Yards. The yard requirements set forth elsewhere in this Chapter may be modified as follows:

(a)

Uncovered Stairs, landings and fire escapes may project not more than six feet into any yard but shall not be closer than three feet to any lot line.

(b)

Architectural Projections such as chimneys, flues, sills, eaves, belt courses and ornaments may project not more than two feet into any required yard.

(c)

Accessory Structures and Vegetation used for landscaping and decorating may be placed in the required street yard and side yards. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs and flowers. Structures and vegetation shall comply with the traffic visibility requirements set forth in this Chapter.

(d)

Firewood Storage is permitted in any single-family or two-family residential district provided that the firewood is for the personal use of the occupant of the premises and that no more than two face cords of firewood is stored.

(3)

Multi-Frontage Lots.

(a)

Primary Street Yard. The Primary Street Yard shall be that yard abutting or fronting a public or private street on a corner lot or double frontage lot which is associated with the mailing address of the lot.

(b)

Secondary Street Yard. The Secondary Street Yard shall be any yard abutting or fronting a public or private street on a corner lot or double frontage lot which is not defined as the Primary Street Yard.