[CC 1961 §23.21; Ord. No. 2974 §23.21, 6-20-1988]
A.
The City Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Plan Commission for its recommendation and report.
B.
If the Plan Commission makes no report within sixty (60) days, the City Council may proceed with its action, unless an extension of time is granted by the Council.
C.
Upon the filing of the recommendation and report by the Plan Commission with respect to any proposed amendment, supplement, change, modification or repeal, or upon failure to report in sixty (60) days, the City Council shall hold a public hearing in relation thereto, notice of which is to be published in two (2) consecutive issues of a newspaper having a general circulation in the City, and the first (1st) publication shall appear at least fifteen (15) days prior to date of hearing, will give the time, place and purpose of such hearing, and in addition to such published notice, similar notice shall be prominently posted at least fifteen (15) days prior to the hearing in the immediate vicinity of a property which would be affected by a proposed change.
D.
In a case of protest against such proposed amendment, supplement, change, modification or repeal a statement shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of thirty percent (30%) or more either of the areas of the land, exclusive of streets, places and alleys, included within such proposed amendment, supplement, change, modification or repeal, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (2/3) favorable vote of all members of the City Council.
E.
Before an action shall be taken as provided in this Section, the party proposing or recommending a change in the district regulations or district boundaries shall deposit with the Director of Finance the sum of fifty dollars ($50.00) to cover the approximate cost of this procedure, and under no condition shall such sum or any part thereof, be refunded for failure of such change to be adopted by the City Council; provided however, that no deposit shall be required whenever the change is proposed by the Plan Commission, the City Council or any member thereof, or by an official taxing agency or commission of the City. The applicant shall pay the cost of all advertising, plus the fifty dollar ($50.00) fee.