(A) Procedure. Applications for any change of district boundaries or classifications of property as shown on the zoning map shall be filed on forms approved by the Zoning Inspector and shall be accompanied by such data and information as may be prescribed, so as to assure the fullest practicable presentation of facts for the Commission's consideration. Such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications.
(B) Public hearing by Planning Commission. Before submitting its recommendation on a proposed zoning amendment to Council, the Commission shall hold a public hearing thereon, duly noticed at least 30 days in advance.
(1) Public notice shall be given by publication in a newspaper of general circulation in the municipality at least 30 days before the date of the hearing. The notice shall state the time and place of the public hearing and location at which the proposed amendment to the ordinance, including text and maps, may be examined.
(2) Notice to property owners.
(a) Notice of public hearing shall be given to owners of all properties lying within 200 feet of any part of the property proposed to be changed. Said notice shall give notice of time, place, and purpose of public the hearing on the proposed amendment(s), by mail not less than 20 days prior to the date of the hearing.
(b) Failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide due notice to the persons substantially interested in the proposed change.
(C) Action of Planning Commission. The Commission may recommend the application be granted as requested, modified, or denied. These recommendations shall then be certified to the Clerk and Council within 30 days of hearing.
(1) Voting by the Planning Commission on a zoning change shall take a three-fourths majority of voting members present to pass a motion, with a minimum of four present to conduct business.
(2) The Commission may recommend special conditions, which shall be applied to a specific parcel(s) of land or land use, which the applicant intends to place on the property. The special conditions shall be so specified in the recommendation to Council.
(D) Public hearing by Council. After receiving from the Planning Commission, the certification of the recommendations on the proposed amendment, and before adoption of such amendment, the Council shall hold a public hearing thereon.
(1) At least 30 days prior to the hearing a notice of the time and place of the public hearing shall be published in a newspaper, of general circulation in the municipality, once a week for two weeks. The notice shall state the place or places and times at which the proposed amendment to the zoning regulations including text and maps which may be examined.
(2) Notice to property owners.
(a) Notice of public hearing shall be given to owners of all properties lying within 200 feet of any part of the property proposed to be changed. Said notice shall give notice of time, place, and purpose of public the hearing on the proposed amendment(s), by mail not less than 20 days prior to the date of the hearing.
(b) Failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide due notice to the persons substantially interested in the proposed change.
(E) Action by Council.
(1) After receiving from the Planning Commission certification of the recommendations on the proposed amendment and after holding the above public hearing, the Council shall consider an ordinance specifying the zoning amendment and any conditions or modifications thereof and vote on the passage of the proposed amendment to the text of or the zoning map.
(2) No such ordinance, measure or regulation which differs from or departs from the plan or report submitted by the Commission, Board, or Officer shall take effect unless passed or approved by not less than three-fourths of the members of Council.
(Ord. 2022-25, passed 3-21-2022)