(a) Procedure Established.
(1) This Zoning Ordinance may be amended using the procedures specified in this section.
(2) Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to procedures by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
(b) Initiation of Amendments. Amendments to this Zoning Ordinance may be initiated in one of the following ways:
(1) By adoption of a motion by the Planning Commission;
(2) By adoption of a resolution by Council;
(3) By the filing of an application by a least one owner or lessee of property within the area proposed to be changed or affected by such amendment.
(c) Contents of Application. The application, for amendment, shall contain at least the following information:
(1) Name, address and phone number of applicant;
(2) Proposed amendment to the text and legal description;
(3) Present use;
(4) Present zoning district;
(5) Proposed use;
(6) Proposed zoning district;
(7) A vicinity map at a scale approved by the Zoning Inspector showing property lines, streets, existing and proposed zoning and such other items as the Zoning Inspector may require;
(8) A list of all property owners within two hundred feet (200'), contiguous to and directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case;
(9) A statement on how the proposed amendment relates to the Comprehensive Plan.
(d) Transmittal to Planning Commission. Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, such resolution or application shall be transmitted to the Planning Commission.
(e) Referral of Proposed Change to County Regional Planning Commission. Within five days after the filing of an application for change in the Zoning Ordinance or districts, the Commission shall transmit a copy thereof, together with text and map pertaining thereto, to the County Regional Planning Commission. The County Regional Planning Commission shall recommend the approval or denial of the proposed amendment or supplement or the approval of same.
(f) Recommendation by Commission. Within thirty (30) days after receipt of the proposed amendment, the Planning Commission shall recommend to Council that the amendment be granted as requested, or it may recommend modification of the amendment requested, or it may recommend that the amendment not be granted. The Planning Commission shall transmit its recommendation to Council.
(g) Public Hearing by Council. Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing. Such hearing shall not be more than thirty (30) days after the receipt of the recommendation from the Planning Commission.
(h) Notice of Public Hearing in Newspaper. Notice of the public hearing shall be given by Clerk of Council by at least one publication in one or more newspapers of general circulation in the Municipality. Such notice shall be published at least thirty days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(i) Notice to Property Owners by Council. If the proposed amendment intends to rezone or redistrict 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 First Class mail at least twenty days before the day of the public hearing to all owners of property within, contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to other such list or lists that may be specified by Council. The failure to deliver the notification, as provided in this section, shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers.
(j) Action by Council. Within twenty days after the public hearing, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three fourths of the full membership of Council.
(k) Referendum. No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. The amendment shall take immediate effect upon certification by the Board of Elections that the amendment has been approved by the voters.
(l) Application Fees. At the time that an application for a change of zoning districts is filed with the Commission, as provided herein, there shall be deposited with the Treasurer, the sum of fifty dollars ($50.00) as a fee to cover investigations, legal notices and other expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot. An additional fee of five dollars ($5.00) shall be deposited for each additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot to be adjacent to each other. Such sums as deposited shall be credited by the Treasurer to the General Fund. (Ord. 99-2. Passed 3-1-99.)
(EDITOR'S NOTE: See Code Book for Zoning Map.)