§ 17.48.160. Amendments to zoning classifications/special use permits.

A.

The city council may from time to time on its own motion, or on petition submitted by a property owner or prospective purchaser of a property, or on recommendation of the plan commission or zoning board of appeals, amend, supplement, repeal or grant a special use or variance consistent with the regulations and provisions of this title.

B.

Every such proposed amendment or change whether initiated by the city council or by petition shall be referred to the board of appeals for report thereon resulting from public hearing as provided in Subsection C of this section.

C.

The board of appeals, by resolution adopted at a stated meeting, shall fix the time and place of public hearing on the proposed amendments and cause notice to be given not more than thirty days nor less than fifteen days before the hearing by publishing a notice thereof at least once in one or more newspapers published in the city.

D.

In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent of the frontage proposed to be altered, or by the owners of twenty percent of the frontage immediately adjoining or across an alley therefrom, or by the owners or twenty percent of the frontage directly opposite the frontage proposed to be altered, is filed with the city clerk, the amendment shall not be passed except by a favorable vote of two-thirds of all the aldermen of the city. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorneys, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

E.

Whenever the owners of fifty percent or more of the street frontage in any district or any specified part thereof, present to the city council a petition duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for the zoning maps including the district or specified part thereof, it shall be the duty of the city council to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in subsection C of this section.

(Ord. No. 2008-24, § 1, 12-15-2008; Ord. No. 2012-22, § 6, 4-17-2013)