§4.10   ZONING MEASURES.

   (A)   Ordinances or resolutions establishing, amending, revising, changing or repealing zoning classifications, districts, uses or regulations shall be initiated by a member of Council. If the proposed ordinance or resolution changes the zoning classification of any property, written notice of the proposed rezoning ordinance or resolution shall be mailed by the Clerk of Council by first class Unites States mail at least ten days before the first reading of such ordinance or resolution to the owner(s) of the property proposed to be rezoned, unless such notice is waived by the property owner(s) in writing. Such notices shall be sent to the addresses of owners appearing on the County Auditor's current tax list or to the residence addresses of such owners. The failure of delivery of such notice shall not invalidate any ordinance or resolution. Immediately after the first reading of the ordinance or resolution, the presiding officer of Council shall refer such measure to the Planning Commission for its consideration and recommendation. Within forty-five days after receipt of referral, the Planning Commission shall hold a public hearing on such measure and return to the Clerk of Council the written recommendations of a majority of the members of the Commission. In the event of a tie vote among the members of the Planning Commission regarding a zoning measure, such fact shall be certified in writing by the Chairman of the Planning Commission to the Clerk of Council and such certificate shall constitute a recommendation to the Council that the zoning measure not be adopted by the Council. Unless the Council and Planning Commission have previously held a joint public hearing as hereinafter provided, upon receipt of the recommendations of the Planning Commission, the Mayor shall set a date for a public hearing before the Council, not earlier than fifteen days after the receipt of the Planning Commission's recommendations. The Clerk of Council shall cause a notice of the public hearing to be published one time in a newspaper of circulation within the City; said publication to be made at least seven days prior to the date of the public hearing. When the 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 first class United States mail at least seven days before the date of the public hearing, to the owners of the property within, contiguous to and directly across the street from the affected parcel or parcels. Such notices shall be sent to the addresses of owners appearing on the County Auditor's current tax list or to the residence addresses of such owners and to other lists as may be required by Council. The failure of delivery of the notice shall not invalidate any ordinance or resolution. The Council and Planning Commission may hold joint hearings on any such ordinance or resolution. In the event of a joint public hearing between the Planning Commission and Council on any such ordinance or resolution, notice as required for public hearings of Council shall be given and no other public hearing before the Planning Commission or Council shall be required. (Amended 11-5-96)

   (B)   A concurring vote of at least two-thirds of the membership of Council shall be necessary to pass any zoning ordinance or resolution which differs from the written recommendations of the Planning Commission, but in no event shall an ordinance or resolution be passed unless it receives at least a majority vote of the members of Council.