(a) Public Hearing:
(1) Hearing Date: Upon receipt of an application, the Planning and Zoning Commission shall hear the proposed change or amendment at the next regularly scheduled Commission hearing
(2) Notice of Hearing:
A. Notice setting forth the time and the place of such hearing and the nature of the proposed change or amendment shall be given by the Planning and Zoning Commission by publication in one (1) or more newspapers of general circulation in the Municipality once a week for one (1) consecutive week affected by such proposed change or amendment at least seven (7) days before the date of such public hearing.
B. If the proposed change or amendment intends to affect (rezone or redistrict) ten (10) or less parcels of land, as listed on the tax duplicates written notice of the public hearing shall be mailed by the Planning and Zoning Commission by first class mail, at least fifteen (15) days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such area affected by the proposed change or amendment. Such notice is to be mailed to the address of such owners appearing on the County Auditor's current tax list.
(b) Action by the Planning and Zoning Commission: After a public hearing, the Planning and Zoning Commission shall act on a proposed change or amendment.
(1) Consideration: The Planning and Zoning Commission shall consider the approval, denial or some modification of the proposed change or amendment as such proposal in the Commission's judgment advances the general health, safety, and welfare of the public by encouraging appropriate use and development of the land affected and the comprehensive or overall development of the surrounding area;
(2) Recommendation: Within thirty (30) days after the public hearing, the Planning and Zoning Commission shall submit to the City Council a recommendation of approval, denial or some modification of the proposed change or amendment, including a statement of reasons for such recommendation, together with such resolution or application, the text and map pertaining thereto.
(c) Action by City Council: Upon receipt of such recommendation concerning proposed change or amendment the City Council shall set a time for a public hearing.
(1) Hearing Date: The date for a public hearing shall be set for at least thirty (30) days from the date of the receipt of recommendation from the Planning and Zoning Commission;
(2) Notice of Hearing;
A. The Clerk of Council shall cause notice of the public hearing to be published one (1) time in a newspaper of general circulation within the Municipality, said publication to be made at least seven (7) days prior to the date of the public hearing.
B. When the amendment, revision, change or repeal involves ten (10) 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 certified mail at least seven (7) 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 or owners appearing on the County Auditor's current tax list and to other lists as may be required by Council. The failure of delivery of the notice shall not invalidate any ordinance or resolution.
(d) Final Action:
(1) Within thirty-five (35) days after such public hearing, the City Council shall either adopt or deny the recommendation of the Planning and Zoning Commission or adopt some modification thereof;
(2) In the event the City Council denies or modifies the recommendation of the Planning and Zoning Commission, a vote of 5 of 6 of the Council shall be required. (Ord. 19-011. Passed 4-22-19.)