(A) General. In preparing and considering proposals to amend this chapter, the Plan Commission and the City Council shall pay reasonable regard to:
(1) The comprehensive plan;
(2) Current conditions and the character of current structures and uses in each district;
(3) The most desirable use for which the land in each district is adapted;
(4) The conservation of property values throughout the jurisdiction; and
(5) Responsible growth and development.
(B) Map amendments. The zone maps incorporated by reference into this chapter may be amended only by action of the City Council.
(1) Map amendments may be initiated by the Plan Commission, requested by the City Council to the Plan Commission, or as a petition signed by property owners who own at least 50% of the land involved. The petitions shall be filed in the Planning and Zoning Office on a form prescribed by the Plan Commission.
(2) The Plan Commission shall hold a public hearing on a proposal for a map amendment within 60 days of receiving or initiating the petition or proposal. At least 10 days prior to the date of the public hearing, the Plan Commission shall publish notice of the public hearing in a newspaper of general circulation in the city. The notice shall include the geographic location of the property involved, a description of the proposed change, the time, date and place of the public hearing, the place where a copy of the proposal is on file, that written objections filed with the Secretary of the Plan Commission will be considered, that oral comment concerning the proposal will be heard and that the hearing may be continued from time to time as necessary. The Plan Commission shall also give notice of the public hearing to interested parties as determined under the rules of the Plan Commission.
(3) Following the public hearing, the Plan Commission shall determine its recommendation on the proposed map amendment. Within 10 business days after determining its recommendation, the Plan Commission shall certify the proposal with a favorable, unfavorable or no recommendation.
(4) The City Council shall vote on the proposal within 90 days after certification by the Plan Commission. At the first regular meeting of the City Council following certification of the proposal by the Plan Commission or at any subsequent meeting within the 90 day period, the City Council may adopt or reject the proposal, provided that the City Council has published notice of its intent to consider the proposal at that meeting at least 48 hours prior to the meeting.
(5) If the City Council adopts the proposal as certified it takes effect as other ordinances of the City Council. If the City Council rejects the proposal, it is defeated. If the City Council fails to act on the proposal within 90 days after certification by the Plan Commission and the Plan Commission certified the proposal with a favorable recommendation, the proposal takes effect as if it had been adopted as certified. If the City Council fails to act on the proposal within 90 days after certification by the Plan Commission and the Plan Commission certified the proposal with an unfavorable recommendation or no recommendation, it is defeated.
(6) Neither the Plan Commission nor the City Council shall reconsider a defeated proposal until the expiration of one year after its defeat.
(7) The Plan Commission and City Council may permit or require the property owner to make written commitments regarding the use and development of the property which is the subject of the proposal.
(C) Text amendments. The text of this chapter may be amended or partially repealed only by action of the City Council.
(1) Text amendments may be initiated by the Plan Commission or by a request by the City Council to the Plan Commission.
(2) The Plan Commission shall hold a public hearing on a proposal for an amendment to the text of this chapter within 60 days of receiving or initiating the proposal. At least 10 days prior to the date of the public hearing, the Plan Commission shall publish notice of the public hearing in a newspaper of general circulation in the city. The notice shall include the geographic areas to which the proposal would apply, a summary of the subject matter of the proposal, the time, date and place of the public hearing, the place where a copy of the proposal is on file, that written objections filed with the Secretary of the Plan Commission will be considered, that oral comment concerning the proposal will be heard and that the hearing may be continued from time to time as necessary. If the proposal contains or would add or amend any penalty or forfeiture provisions, the entire text of those penalty or forfeiture provisions must also be included in the notice. The Plan Commission shall also give notice of the public hearing to interested parties as determined under the rules of the Plan Commission.
(3) Following the public hearing, the Plan Commission shall determine its recommendation on the proposed text amendment. Within 10 business days after determining its recommendation, the Plan Commission shall certify the proposal to the City Council. The Plan Commission may certify the proposal with a favorable, unfavorable or no recommendation.
(4) The City Council shall vote on the proposal within 90 days after certification by the Plan Commission. At the first regular meeting of the City Council following certification of the proposal by the Plan Commission or at any subsequent meeting within the 90 day period, the City Council may adopt or reject the proposal; provided that, the City Council has published notice of its intent to consider the proposal at that meeting at least 48 hours prior to the meeting.
(5) The following applies if the Plan Commission certified the proposal with a favorable recommendation:
(a) If the City Council adopts the proposal, it takes effect as other ordinances of the City Council.
(b) If the City Council fails to act on the proposal within 90 days after certification, it takes effect as if it had been adopted as certified.
(c) If the City Council rejects or amends the proposal, it shall be returned to the Plan Commission for its consideration with a written statement of the reasons for the rejection or amendment. The Plan Commission has 45 days in which to consider the rejection or amendment and report to the City Council as follows:
1. If the Plan Commission approves the amendment or fails to act within the 45 day period, the ordinance stands as passed by the City Council as of the date of the filing of the Commission’s report of approval with the City Council or the end of the 45 day period.
2. If the Plan Commission disapproves the rejection or amendments, the action of the City Council on the original rejection or amendment stands only if confirmed by another majority vote of the City Council within 45 days after the Plan Commission certifies its disapproval. If the City Council fails to confirm its action under this clause, the ordinance takes effect in the manner provided in subdivision (b) above.
(6) The following applies if the Plan Commission certifies the proposal with an unfavorable or no recommendation:
(a) If the City Council adopts the proposal, it takes effect as other ordinances of the City Council.
(b) If the City Council rejects the proposal or fails to act on it within 90 days after the certification, it is defeated.
(c) If the City Council amends the proposal, it shall be returned to the Plan Commission for its consideration with a written statement of the reasons for the amendment. The Plan Commission has 45 days in which to consider the amendment and report to the City Council as follows:
1. If the Plan Commission approves the amendment or fails to act within the 45 day period, the ordinance stands as passed by the City Council as of the date of filing of the Commission’s report of approval with the City Council or at the end of the 45-day period.
2. If the Plan Commission disapproves the amendment, the action of the City Council on the original amendment stands only if confirmed by another majority vote of the City Council within 45 days after the Plan Commission certifies its disapproval. If the City Council fails to confirm its action under this clause, the ordinance is defeated as provided in subdivision (b) above.
(1979 Code, § 151.240) (Ord. 4370, passed 7-20-1998)