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(a) Approval Requirements. Regardless of whether or not the Planning Commission approves or disapproves a proposed zoning amendment, if a protest against such amendment is filed in the office of the City Clerk or County Clerk as applicable, within 14 days after the date of the conclusion of the public hearing pursuant to the publication notice, signed by the owners of record of 20 percent or more of any real property proposed to be rezoned or by the owners of 20 percent or more of the total area required to be notified by this act of the proposed rezoning of a specific property, excluding streets and public ways, the ordinance or resolution adopting such amendment shall not be passed except by at least a three-fourths vote of all of the members of the Governing Body.

(b) Protest Petition. A protest petition shall be submitted on the form provided by the Planning Agency and shall be considered to be valid when the following information is completed thereon:

(1) Case identification and location.

(2) Signature of all owner(s) of record.

(3) Legal description of the property owned by the protest petitioner.

(4) Notary public hand and seal.

(c) Withdrawal of Protest. In the event a petition protesting a change of zoning is filed and the petitioner desires to withdraw the petition, the petitioner shall file a written statement with either the City Clerk or County Clerk as was originally filed by the petitioner, prior to the close of business hours of the concluding date to file protest petitions as provided by State statutes applicable to the relevant jurisdiction set forth above.

(d) Amendment or Revision of Rezoning Application. In the event there is an amendment or revision to the proposed zoning application with respect to the boundary or zoning classification following the conclusion of the public hearing by the Planning Commission, resulting from either consideration by the applicant or the Governing Body, the matter shall be referred back to the Planning Commission for reconsideration. Prior to reconsideration, publication notice, mailing of notice and a new public hearing shall be held in the like manner of the original application.

In the event that a legal protest of 20 percent has been filed, said protest shall apply regardless of any proposed revisions or amendments to the petition in respect to classification and/or property boundary.

(e) Action by the Governing Body. Whenever a legal protest of 20 percent or more has been filed, the Governing Body shall not take any action on any proposed change of zoning when any member(s) of the Governing Body is not present.

(f) No Further Consideration or Subsequent Action. Whenever the Governing Body has taken a final and conclusive action to amend the district map, henceforth no further consideration or subsequent action shall be taken that will override or overturn the previous action taken, unless and until a new or amended application shall have been filed and the rezoning process shall have been complied with as provided for above. (Code 1995 § 48-33.04.)

Cross References:City Clerk, TMC 2.20.010; Planning and Development Department, TMC 2.20.080.