(a)

Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the city council may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this article or amendments hereto. Such change or amendment shall be subject to the review and recommendation of the city plan commission.

(b)

Initiation. A change or amendment may be initiated by the city council, city plan commission or by petition of one or more of the owners or lessees of the property within the area proposed to be changed.

(c)

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the city clerk, 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)

Plat plan. Plat 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 classifications or adjacent zoning districts, and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.

(2)

Owners. Owner's names and addresses of all property lying within 200 feet of the area proposed to be rezoned.

(3)

Additional information. Additional information required by the city plan commission or city council.

(4)

Fee receipt. Fee receipt from the city clerk-treasurer in the amount established by the city council and included in the city fee schedule in chapter 25.

(d)

Recommendation.

(1)

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

(2)

The recommendation shall be made at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the city council.

(e)

Hearings. The city council shall hold a public hearing upon each recommendation, giving at least ten days prior notice by publication at least three times during the preceding thirty days, listing the time, place and the changes or amendments proposed. The city council shall also give at least ten 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.

(f)

City council's action.

(1)

Following such hearing and after careful consideration of the city plan commission's recommendations, the city council shall vote on the passage of the proposed change or amendment.

(2)

The city plan commission's recommendations may only be overruled by the favorable vote of three-fourths of the full city council's membership.

(g)

Protest. In the event of protest against such district change or amendment to the regulations of this article, duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, 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 changes or amendments shall not become effective except by the favorable vote of three-fourths of the full city councilmembership.

(h)

Review by writ of certiorari. Any review of the city council pursuant to its action in regards to zone changes within the city shall be made directly to, and only to, the county circuit court by writ of certiorari.

(Code 1988, § 10-1-37; Ord. No. 1997-003, § 10-1-3(17), 4-14-1997)