(a)

Initiation of amendments. The board may, from time to time, amend, supplement or change the regulations, restrictions or boundaries herein or subsequently established. Such amendment, supplement or change may be initiated:

(1)

By action of the board itself by introduction of an ordinance or by adoption of a motion;

(2)

By recommendation of the zoning commission; or

(3)

By petition of property owners.

(b)

Petitions. Petitions by property owners for the amendment, supplementation or change of the zoning ordinance shall be filed with the board through the zoning commission. In filing the petitions the following rules shall apply:

(1)

No petition for a change in the classification of property shall be filed unless the petition is duly signed and acknowledged by the owners or authorized agents of not less than fifty (50) percent of the area of land for which a change of classification is requested; provided, however, that where any lot in the aforesaid area is owned jointly, all co-owners must sign the petition for that lot to be included in the fifty (50) percent area provision.

(2)

Each petition for a change in the classification of property shall conform to such standards and requirements as the zoning commission shall adopt.

(3)

Each petition shall be accompanied by a deposit of one hundred fifty dollars ($150.00) for each text change not involving acreage, or twenty-five dollars ($25.00) for each acre of land or portion thereof for which a change of classification is proposed or recommended; however, the minimum fee shall not be less than one hundred fifty dollars ($150.00) regardless of acreage, and the maximum fee shall not exceed one thousand dollars ($1,000.00) which shall apply for all areas of forty (40) acres or more. Under no condition shall the sum or any part thereof be refunded for failure of the change to be adopted by the city council. The fees shall be paid into the general fund and shall be used to defray the costs of advertisement of public hearings, office stationery and supplies.

(4)

Whenever a petition is filed requesting a change or amendment to this chapter, and the petition has been finally acted upon by the city council, or when the petition has received no action on the part of the city council within ninety (90) days, or when the petition has been officially advertised for public hearing but has subsequently been withdrawn either before or after the public hearing has been held, then the council shall not consider any further petition requesting or proposing the change or amendment for the same property within a period of two (2) calendar years from the date of the city board's final legal action on the petition or from the expiration of the aforesaid ninety-day period in case action has not been taken by the city council, or from the date of withdrawal of the petition; provided, however, that the petition has been officially advertised. This provision shall not apply in cases where the city council wishes to consider a petition involving a comprehensive zoning revision of an area larger than twenty (20) acres.

(c)

Amendment procedure. No amendment, supplement or change of the zoning ordinance or zoning district map shall become effective unless and until:

(1)

There shall have been held a public hearing in relation thereto before the zoning commission at which parties in interest and citizens shall have an opportunity to be fully heard;

(2)

Notice of the proposed change and of the time and place of the hearing shall have been published once a week for three (3) different weeks in the official journal of the City of Westlake. At least twenty (20) days shall elapse between the first publication and the date of the hearing;

(3)

After the public hearing as provided above, the zoning commission shall have submitted its report and recommendations upon the proposed change and amendment to the city council. The city council shall not take official action upon the change and amendment until the report of the zoning commission has been received; provided, however, that if the report has not been filed within forty-five (45) days after the date of the public hearing, the city council may then take official action upon the change or amendment;

(4)

A final yea or nay vote shall have been taken on the proposal by the city council within ninety (90) days from the introduction of an ordinance, or the adoption of a motion by the city council, or from the filing of the petition of property owners or owner in correct form; and

(5)

The provisions of this section do not apply in cases where there is a proposal to enact an entire new ordinance to change the text as a whole, or to change all of the zoning district map, or both, in which event the procedure set out in Act 240 of 1926, R.S. of 1950, Title 33, Sections 4721 through 4730 and Legislature Act 196 of 1960, shall be followed.

(Ord. No. 186, Art. XI, 10-10-68; Ord. No. 210, § 1, 5-17-71; Ord. No. 396, 4-12-84; Ord. No. 908 , § 1, 6-20-16)