(a) Upon their own action or upon the receipt of an application from the owner or lessee of land or a resolution by the Planning Commission, Council may initiate a proposed change or amendment of these regulations or the Zoning District Map by transmitting such request, application or resolution to the Commission for study and report. The Commission shall have 30 days in which to consider and report upon such proposed ordinance and if no report is received from the Commission in 30 days, it may be assumed that the Commission has approved the amendment. The report of the Commission shall be transmitted to Council, at which time Council shall set a date for a public hearing upon the proposed change or amendment.
(b) In setting the date of such a public hearing, Council shall give at least 30 days notice thereof after the Commission has returned its report in (a) above. Notice setting forth the time and place of such public hearing and the nature of the proposed change or amendment shall be given by Council in a newspaper of general circulation in the City at least 15 days prior to the meeting date.
(Ord. 1775. Passed 10-22-73.)
(c) If the ordinance, measure or regulation intends to rezone or redistrict ten or fewer parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk, by certified mail with return receipt, at least 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 or Treasurer’s current tax list or the Finance Director's mailing list and to such other list or lists that may be specified by Council, and such list of names and addresses shall be supplied by the applicant to the Clerk at the time of filing.
(Adopting Ordinance)
(d) During such 15 days the text or copy of the text of such ordinance, measure or regulation, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure or regulation, and the maps, plans and reports submitted by the Commission, the Board of Zoning Appeals or their officers, shall be on file, for public examination, in the office of the Clerk or in such other office as is designated by Council.
(e) No ordinance, measure or regulation which violates, differs from or departs from the plan or report submitted by the Commission shall take effect unless passed or approved by not less than three-fourths of the members of Council. No ordinance, measure or regulation which is in accordance with the recommendation, plan or reports submitted by the Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to Council.
(Ord. 1857. Passed 6-23-75.)
(f) Before any action is taken as provided in this section, the party proposing or recommending a change in the district regulations or boundaries shall make payment of such fees as Council may determine from time to time. Under no condition shall such sum or any part thereof be refunded for failure of such change to be adopted by Council.
(Ord. 1775. Passed 10-22-73.)