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(a) Upon the receipt of an application or resolution or upon the passage of a motion, the Planning Commission shall set a date for a public hearing, at which the Commission shall review the proposed amendment.
(b) Notice of the proposed amendment shall be published at least ten days prior to the date of the required hearing, in one or more newspapers of general circulation in the City.
(c) Whenever the Planning Commission is to consider a map amendment that proposes to rezone ten or fewer parcels as listed on the tax duplicate, public notice shall be given according to the following:
(1) Public notice shall be given to the applicant and to all record title holders of property that are immediately adjacent to, abutting, adjoining, or directly across the street from the property proposed to be rezoned or redistricted.
(2) Notices shall be given at least ten days prior to the date of the meeting.
(3) Notices shall include the time and place of the meeting and a summary of the proposed amendment.
(4) Failure of delivery of such notice shall not invalidate any recommendation of the Planning Commission or any subsequently enacted ordinance.
(d) In considering the proposed amendment, the Planning Commission shall give weight to any protest presented, duly signed and acknowledged by the owners of 20% or more of the lots included in such proposed change, or 20% or more of the area of the lots immediately adjacent to the rear or adjoining on the sides thereof extending 100 feet from the street frontage of such opposite lots.
(e) The Planning Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.
(Ord. 58-01. Passed 5-29-01.)
(a) After the conclusion of the public hearing required in Section 1236.05, the Planning Commission shall recommend one of the following to City Council:
(1) That the amendment be granted as requested;
(2) That the amendment be granted as modified by the Planning Commission; or
(3) That the amendment be denied.
(b) If the Planning Commission does not make a recommendation on the proposed amendment within 70 days from the date the application is deemed complete, or the date of Council's resolution, or an extended period as may be agreed upon by the applicant or City Council, it shall be deemed that the recommendation of the Planning Commission is that the amendment be denied.
(c) The Secretary of the Planning Commission shall file with the Clerk of Council a report of the Planning Commission's action.
(Ord. 58-01. Passed 5-29-01.)
Upon receipt of the recommendation from the Planning Commission, Council shall set a time for a public hearing on the proposed amendment.
(a) Notice of the public hearing shall be given by Council according to the following:
(1) Notice of the proposed amendment shall be published once a week for two consecutive weeks on the same day of the week, the first of which shall be published at least 30 days prior to the date of the required hearing, in one or more newspapers of general circulation in the City.
(2) Whenever a proposed map amendment proposes to rezone ten or fewer parcels as listed on the tax duplicate, written notice of the hearing shall be given to the applicant and record title holders of property that are immediately adjacent to, abutting, adjoining, or directly across the street from the property proposed to be rezoned or redistricted. Notification shall be sent to the names and addresses of such owners appearing on the County Auditor's current tax list. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person, or entity at the listed address and to the named owners at the street address of the property. Public notice shall be sent at least ten days prior to the public hearing.
(3) Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested. Failure of delivery of such notice shall not invalidate any such amendment.
(b) During the ten days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the maps, plans and reports that constitute the recommendation of the Planning Commission shall be on file for public examination in the office of the Zoning Enforcement Officer.
(Ord. 58-01. Passed 5-29-01.)
After the conclusion of the public hearing required in Section 1236.07, Council shall take action as follows:
(a) Council shall act on the proposed amendment according to the following:
(1) Council, by a majority vote, may adopt the recommendation of the Planning Commission;
(2) Council, by a majority vote, may refer the proposed amendment back to the Planning Commission for further study and review; or
(3) Any recommendation by the Planning Commission for approval shall require a majority vote by Council to reject such recommendation and deny the proposed amendment.
(4) Any recommendation by the Planning Commission for denial shall require a vote of two-thirds of the membership of Council to reject such recommendation and adopt the proposed amendment.
(b) Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement if such amendment to the proposal is germane to the subject matter thereof and is in accordance with the recommendation of the Planning Commission. Council approval, with modification of the recommendation of the Planning Commission, shall not be considered as overruling or departing from the Planning Commission's recommendation.
(c) Council may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.
(Ord. 58-01. Passed 5-29-01.)