(a) Intent. Whenever the public necessity, convenience, general welfare, or good zoning practices require, the City Council may by ordinance after receipt of recommendation thereon from the Planning Commission, and subject to the procedure provided by law, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by this Zoning Code or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Council.
(b) Procedure for Amending the Zoning Regulations or Map.
(1) Application.
A. Amendments to this Zoning Code may be initiated in one of the following ways:
1. By the filing of an application by at least one owner or lessee of property within the area proposed to be changed or affected by the amendment.
2. By recommendation by the Planning Commission.
B. Applications for any amendment to the zoning regulations or zoning district map are available at the office of the Zoning Inspector. When completed, it shall be submitted to that office. The Zoning Inspector shall submit the application to the City Planning Commission.
C. Upon receipt of an amendment application which, if approved, would affect any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the Zoning Inspector shall give notice, by registered or certified mail, to the Director of Transportation. The Commission may proceed as required by law; however, the City Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation.
D. If the Director of Transportation notifies the City that the State shall proceed to acquire the land needed, then the City shall refuse to approve the rezoning. If the Director of Transportation notifies the City that acquisition at this time is not in the public interest or upon the expiration of the 120-day period of any extension thereof agreed upon by the Director of Transportation and the property owner, the City Council shall proceed as required by law.
(2) Planning Commission Action.
A. Within 60 days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to City Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend modification of the amendment request, or it may recommend that the amendment be denied.
(3) City Council Action.
A. After receiving from the Commission the certification of the recommendations on the proposed amendment, and before adoption of the amendment, the Council shall schedule a public hearing. Notice of the public hearing shall be given by Council by at least one publication in a newspaper of general circulation in the City. The notice shall be published at least 30 days before the date of the required hearing. The notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
B. If the proposed amendment intends to rezone or redistrict 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 20 days prior to the date of hearing to the owners of all properties within, contiguous to, and directly across the street from the area proposed to be rezoned or redistricted to the address of the owners appearing on the County Auditor's current list or lists that may be specified by City Council. The failure to notify as provided in this section shall not invalidate any action adopted hereunder. The notice shall contain the same information as required of notices published in the newspaper.
C. Within 30 days after the public hearing required by division A. above, the City Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event the 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 City Council. That the ordinance may become emergency legislation if three-fourths of the members of City Council vote to dispense with the requirement for three different readings
(c) Annexation. All land annexed to the City subsequent to the adoption of this Zoning Code shall remain subject to the previous county or township zoning district until such time as the official zoning map of the City is amended according to the provisions of this Zoning Code. All land annexed to the City which, prior to annexation, is not subject to county or township zoning shall remain unzoned until the official zoning map is amended according to the provisions of this Zoning Code.
(d) Fees. As established in Section 1107.06, the fees for this procedure shall be set by the City Council. The current fee schedule is available for examination in the office of the Zoning Inspector.
(1) The fee is part of and shall accompany the application.
(2) Fees are not reimbursable.