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ARTICLE 41 AMENDMENTS SECTION 41.1 Procedure. Every amendment to this ordinance, including changes of district boundaries, shall be initiated and adopted in accordance with the provisions of this article. SECTION 41.2 Initiation of Amendments. (a) Amendments may be initiated by resolution of intention of the Council, resolution of intention of the Commission, or application of one or more owners of record of property affected by the proposed amendment. (b) Every such application or resolution shall set forth the proposed boundary change of any zoning district and the des- ignation of the district to which any parcel is proposed to be zoned or, in the event the application or resolution is for the amendment of any regulation contained in this ordinance, the text of the proposed amendment. SECTION 41.3 Hearing on Resolution. (a) Upon adoption of a resolution of intention by the Council, the City Clerk shall transmit a copy of the resolution to the Planning Department and the Commission shall set a public hearing thereon within 40 days. (b) Upon adoption of a resolution of intention by the Com- mission, a public hearing shall be held thereon within 40 days. SECTION 41.4 Owner's Application. (a) An application by a property owner shall be filed with the Planning Department on forms provided by the Department. The application shall be accompanied by a fee of sixty Dollars ($60.00), Thirty Dollars ($30.00) of which shall be nonrefundable and the balance of which shall be refunded to the applicant in the event no public hearing is held in connection therewith. Such refund shall not be made unless all proceedings and appeal periods have terminated without the holding of a public hearing. The application shall also be accompanied by such legal descriptions, maps or plats, drawings and other reasonable, pertinent information as may be required by the Planning Department. (b) Every property owner's application shall be reviewed by the Commission within 40 days of the date of filing. If, on review, the Commission makes a preliminary determination that the proposed amendment deserves consideration, the Commission shall set the proposed amendment for a public hearing, which hearing shall be held within 40 days. If the Commission makes a pre- liminary determination that the proposed amendment does not deserve consideration, the application shall be denied and no further proceedings shall be taken thereon. Such denial may be appealed to the Council. If the appeal is by the applicant no appeal fee shall be required. (c) A property owner's application may be withdrawn at any stage of the proceedings if all persons signing such application request such withdrawal in writing. 73