Section 25.12.140 Procedure.

1. Proposal by City Council, Planning and Zoning Commission or Board of Adjustment. Amendments may be proposed by either the city council, the planning and zoning commission or the board of adjustment by transmitting such proposal, together with such supporting materials as may be appropriate, to the secretary of the planning and zoning commission for processing in accordance with the provisions of this chapter.

2. Application by Owner. When any proposed amendment is initiated by an owner of, or other person having a contractual interest in, real estate to be affected by the proposed amendment, or by the owners of fifty percent or more of the frontage of real estate to be affected by the proposed amendment, the application for such amendment, addressed to the city council, shall be filed with the secretary of the planning and zoning commission. A nonrefundable application fee, as established from time to time by the city council to help defray administrative costs and the costs of a hearing, shall accompany the application.

The application shall be in such form and contain such information as shall be prescribed from time to time by the planning and zoning commission but shall be in all instances contain at least the following:

e. A statement as to the conformity of the proposed amendment to the general plan and to the development policies therein and the reason for any deviation from such plan and its policies;

(2) The names and addresses of all owners of property within two hundred feet of any boundary of the property proposed for amendment, as shown in the records of the office of the county recorder. In measuring the aforesaid two hundred feet, the width of any street or other public right-of-way encountered shall be added to the distance,

g. Such other information or documentation as the planning and zoning commission may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

3. Public Hearing. A public hearing shall be set, advertised and conducted by the planning and zoning commission in accordance with Chapter 25.22 of this title.

4. Action by Planning and Zoning Commission. Within thirty days following the conclusion of the public hearing, the planning and zoning commission shall transmit to the city council its recommendation, in the form specified by Subchapter II of Chapter 25.06. The failure of the commission to act within thirty days following the conclusion of such hearing shall be deemed a recommendation for the approval of the proposed amendment as submitted.

5. Action by City Council. Within 30 days of the receipt of the report of the planning and zoning commission, or its failure to act as above provided, the city council shall either refuse the application or, by ordinance duly enacted, shall adopt the proposed amendment, with or without modifications; provided, however, that in the event a protest against a proposed amendment is presented, duly signed and acknowledged by the owners of 20% or more of the area of the lots included in such proposed change or by the owners of 20% or more of the property which is located within 200 feet of the exterior boundaries of the property for which the amendment is proposed, such amendment shall not be adopted except by the favorable vote of at least 3/4 of the members of the city council.

For the purposes of making the calculations to determine if a 3/4 vote of council is necessary, public rights of way, shall be disregarded. Points 200 feet away from the property subject to the amendment shall be considered to be those points 200 feet away from said property plus the distance of any intervening public rights of way. The area within said public rights of way shall not be counted to determine total area within 200 feet of the subject property. In the event of a parcel of land, part of which is within 200 feet of the subject property as calculated above and part of which is not, only that portion within 200 feet shall be considered in making the above calculations.