Fayette Amendment of the Chapter ordinance (§ 405.1170)

A. The Board may, from time to time, on its own motion or on petition, after public notice and hearing as provided by law and after report by the Commission, amend, supplement or change the boundaries or regulations herein or subsequently established. In case the Commission disapproved the proposed change, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all members of the Board. If no report is received from the Commission in thirty (30) days, it may be assumed that said Commission has approved the amendment.

B. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the legislative body of such municipality.

C. Before any action shall be taken as provided in this Section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Treasurer the sum of fifty dollars ($50.00) to cover the approximate cost of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said change to be adopted by the Board.