APPENDIX B – ZONING REGULATIONSAPPENDIX B – ZONING REGULATIONS\ARTICLE 26. AMENDMENTS

The governing body 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 governing body or by the planning commission or upon application of the owner of the property affected. All such proposed changes shall first be submitted to the city planning commission for recommendation and report. Upon the development of tentative recommendations, the planning commission shall hold a public hearing thereon and shall cause an accurate, written summary to be made of the proceedings.

Any 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 clerk an application upon forms provided and such application shall be accompanied by such data and information as may be prescribed by the planning commission. At the time of filing the application with the city clerk, the applicant shall provide the city clerk with the names and addresses of all owners of any land located within 200 feet of the outer limits of the area to which the applicant desire change of zoning.

At the time of filing of an application for an amendment or a change in zoning the applicant shall pay to the city clerk a filing fee in the amount of $125.

Before the planning commission shall, by proper action, formulate its recommendation to the governing body on any such proposed to requested change of zoning district boundary or regulation, whether initiated by the governing body or planning commission or by others, 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 in the official city newspaper and at least 20 days shall elapse between the date of such publication and date set for the hearing. Such notice shall fix the time and place for such hearing and shall contain a statement regarding the proposed changes in the regulations or restrictions or in the boundary of any district and, if such proposed amendment will affect specific property, the legal description and general street address shall be given: provided that, in addition to such publication notice written notice of the such proposed change shall be mailed to all the owners of land located within 200 feet of the area proposed to be altered and an opportunity granted to interested parties to be heard. Failure to receive such notice shall not invalidate any subsequent action taken.

If a protest against such amendment is filed in the office of the city clerk within 14 days after the date of the conclusion of the public hearing pursuant to the publication notice, the protest being duly signed and acknowledge by the owners of 20 percent or more of any real property proposed to be rezoned or by the owners of 20 percent of the area, excepting public streets and ways, located within or without the corporate limits of the city and located within 200 feet of the boundaries of the property proposed to be rezoned, such amendment shall not be passed except by at least three-fourths vote of the members of the city council.