The Planning and Zoning Commission on its own initiative may, by the passage of a motion, recommend to City Council changes in the text of the Zoning Ordinance or changes in the Zoning Map.
(a) Notice and public hearing by Planning and Zoning Commission. Prior to any Planning and Zoning Commission initiated rezoning or redistricting recommendation of parcel of land, written notice shall be sent by the Planning and Zoning Commission to the name and address of the owner of any such parcel proposed to be changed as shown upon the records of the Auditor of Lake County. The written notice shall be sent by first class mail at least 15 days prior to the day of the Planning and Zoning Commission to consider such recommendation and shall include a summary of the proposed amendment. Prior to any Planning and Zoning Commission recommendation regarding a proposed change in the text of the Zoning Ordinance the Commission shall cause publication of notice of such hearing to be made at least once in a newspaper of general circulation at least 15 days prior to the date of the hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any interested person. During such 15 days the text of the proposed ordinance or amendment, the maps or plans shall be on file in the office of the Zoning Inspector.
(b) Recommendation by Planning and Zoning Commission. The Planning and Zoning Commission shall recommend one of the following:
(1) That the amendment as proposed by the Commission be approved;
(2) That the amendment be modified and approved; or
(3) That the amendment be tabled for future action.
(c) Notice and public hearing by Council. Upon receipt of the recommendation from the Planning and Zoning Commission, Council shall set a time for a public hearing on the proposed amendment. Notice of the public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the city. The notice shall be published at least 15 days before the date of the required hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested. During such 15 days, the text of the proposed ordinance or amendment, the maps or plans, if applicable, and the recommendations of the Planning and Zoning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
(d) Notice to property owners by Council. If the proposed amendment intends to rezone or redistrict 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 mail, at least 15 days before the day of the public hearing to all owners of property within 500 feet of such area proposed to be rezoned or redistricted to the names and addresses of owners as shown upon the records of the Auditor of Lake County. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (a) hereof. Failure of delivery of such notice shall not invalidate any such amendment.
(e) Action by Council.
(1) After the public hearing required by subsection (c) hereof, Council shall either adopt or deny the recommendation of the Planning and Zoning Commission or adopt some modification thereof. Concurrence by a majority of the full Council members shall be required to adopt, amend or overrule the recommendation of the Planning and Zoning Commission.
(2) Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement, if such amendment to the proposal shall be germane to the subject matter thereof and is in accordance with the recommendation of the Planning and Zoning Commission. Council approval, with modification of the recommendation of the Planning and Zoning Commission, shall not be considered as overruling such Commission recommendation.
(Ord. 07-O-16, passed 7-16-2007)