A.    The governing body 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 established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the plan commission, hereinafter called "commission." If the commission makes no report within thirty (30) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification, change or repeal. Within thirty (30) days after the proposed amendment, supplement, change, modification or repeal is submitted to the commission or upon the filing of the recommendations and report by the commission with respect to any proposed amendment, supplement, change, modification or repeal, the governing body shall cause a public hearing to be held before the board of appeals in relation thereto, after giving at least fifteen (15) days notice of the time and place of such hearing and publishing such notice in a newspaper published in the city and after serving such notice personally (by personal delivery or certified mail) on each and every party who owns property that is the subject of rezoning. Such notice shall state the time and place of the hearing, the location of the property affected, and a brief statement of the amendment. Within ten days following the hearing, the board of appeals shall file a report of the hearing and its recommendations with the governing body.

    B.    If a protest against such proposed amendment, supplement, change, modification or repeal is presented in writing to the clerk, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered, such amendment, supplement, change, modification or repeal shall not become effective, except by the favorable vote of two-thirds of the aldermen of the city then holding office.

    C.    The party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit a fee in an amount to be set from time to time by city ordinance with the municipal clerk at the time the application is filed, and an additional fee shall be paid to the clerk for the public notice. All fees received hereunder shall forthwith be paid over to the credit of the general revenue fund of the municipality. Under no condition shall the sum or any part thereof be refunded for failure of the change to be adopted by the governing body. (Ord. 1611 § 1, 1997; amended during 1997 codification: Ord. 1318 § 1, 1995: prior code § 40-15-1)