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No ordinance or resolution or any section thereof, shall be revised or amended unless the new ordinance or resolution contains the entire ordinance, resolution or section or subsection as revised or amended, and the ordinance, resolution or section or subsection so amended shall be repealed. This requirement shall not prevent the amendment of an ordinance or resolution by the addition of a new section, sections, subsection or subsections and in such case the full text of the former ordinance or resolution need not be set forth. This requirement shall not prevent repeals by implication by the subsequent enactment of an inconsistent provision.
Except in the case of a codification or recodification of ordinances and resolutions, a separate vote shall be taken on each ordinance or resolution proposed to be amended.
Ordinances and resolutions that have been introduced and have received their first reading or their first and second reading, but have not been voted on as to passage, may be amended or revised upon approval by a majority vote of the members of the Council, and such amended or revised ordinance or resolution need not receive readings in addition to the readings required by this Article because of such amendment or revision.
Each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations shall be referred to the Planning and Zoning Commission immediately after its first reading. Within thirty (30) days of such referral the Planning and Zoning Commission shall cause such ordinance or resolution to be returned to the Clerk of Council together with the written recommendations of the majority of the members of such commission.
No such ordinance or resolution which violates, differs from or departs from the written recommendation of the Planning and Zoning Commission shall take effect unless passed and approved by a vote of not less than three (3) of the members of Council. This provision shall not be construed to mean that an ordinance or resolution recommended for passage by the Planning and Zoning Commission shall be passed by less than the votes required by Section 4.06 of this Charter. (Amended 11-2-93.)
The President of Council or other presiding officer of the Council shall set a date for a public hearing on each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations, which hearing shall be after the thirty (30) day period provided in Section 4.12 within which the Planning Commission is required to return its written recommendations to the Clerk of Council. The Clerk of Council shall cause a notice of such public hearing to be published one time in a newspaper determined by the Council to be of circulation within the Municipality at least fifteen (15) days prior to the date of such public hearing, and when such amendment, revision, change, or repeal involves ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by certified mail with return receipt, at least fifteen (15) days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other lists as may be required by the Council. The failure of delivery of such notice for any reason shall not invalidate any such ordinance or resolution.
Council may, by ordinance, adopt standard ordinances and codes prepared by the Federal government or any agency thereof, the State or any department, board or other agency or political subdivision of the State, or any standard or model ordinance or code prepared and promulgated by a public or private organization, including but not limited to codes and regulations pertaining to fire, fire hazards, fire prevention, plumbing code, electrical code, building code, refrigeration machinery code, piping code, boiler code, heating code, air conditioning code, housing code, and such other matters as the Council may determine to be appropriate for adoption by reference, by incorporation by reference. The ordinance adopting any such standard ordinance or code shall make reference to the date and source of such standard ordinance or code without reproducing the same at length in the ordinance. In such cases, publication of the standard ordinance or code shall not be required, but at least one copy of such code shall be kept at all times in the office of the Clerk of Council and available for reference by interested persons. If the standard ordinance or code, after its adoption by reference by the Council, is amended, the Council may adopt the amendment or change by incorporation by reference in an ordinance under the same procedure as is established herein for the adoption of the original standard ordinance or code without the necessity of setting forth in full in the ordinance the provisions either of the amendment or change to the original ordinance or the standard ordinance or code.
By a majority vote of the members of the Council, the Council may cause the ordinances and resolutions of the Municipality to be revised, codified, recodified, rearranged, or published in book form. Such revisions, codification, recodification, rearrangement or publication of ordinances and resolutions in book form shall be immediately effective upon approval of a majority vote of the members of the Council, and may contain new matter therein. The Clerk of Council shall cause a notice of such proposed revision, codification, recodification, rearrangement or publication of ordinances in book form to be published one (1) time in a newspaper determined by the Council to be of circulation within the Municipality at least seven (7) days prior to the final approval thereof by the Council, and no further publication shall be necessary. A current service supplementing such revision, codification, recodification, rearrangement or publication of ordinances and resolutions shall be maintained in the manner prescribed by the Council.
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