(A) Ordinances or resolutions establishing, amending, revising, changing or repealing zoning classifications, districts, uses or regulations shall be introduced by a member of Council or the Mayor. Immediately after the first reading of the ordinance or resolution, the presiding officer of Council shall refer the ordinance or resolution to the Planning and Zoning Commission for its recommendation back to the Council concerning the merits of the measure. Within ninety (90) days after receipt of the ordinance or resolution, the Planning and Zoning Commission shall return to the Council written recommendations approved by a majority of the Commission's members. The ordinance or resolution shall be given its second reading at the next regular meeting of Council which occurs at least ten days subsequent to the receipt of the Recommendations of the Planning and Zoning Commission. A public hearing shall be held in connection with the second reading or at a later date, as determined by the Council. If the Commission fails to make a recommendation within the stated ninety (90) day period, the Council may place the ordinance or resolution back on its agenda for a public hearing as set forth above.
(B) The Clerk of Council shall cause a notice of the public hearing to be published one time in a newspaper of general circulation within the Municipality, 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 certified 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 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.
(C) A vote of at least five members of the Council shall be necessary to pass any zoning ordinance or resolution which differs from the written recommendations of the Planning and Zoning Commission, but in no event shall an ordinance or resolution be considered as having passed unless it receives at least a majority vote of the members of Council. Further, if the Planning and Zoning Commission fails to return a written recommendation to the Council described in subsection (A) above, Council, having placed the zoning ordinance or resolution back on its agenda, may pass the legislation if it receives at least a majority vote of the members of Council. (Amended 11-2-10)