(a) Application. Each application to amend the Zoning Map shall be filed with the Zoning Administrator on forms provided for that purpose along with the application fee and any other required documentation. Only compete applications, containing all required information and exhibits and the required fee, shall be processed. An application shall not be withdrawn by the applicant after the legal notification for public hearing has been processed by the City, except as otherwise provided.
(b) Planning Commission Recommendation.
(1) Immediately after the filing of a resolution by a member of Council or the filing of an application by at least one owner of property, the resolution or application shall be transmitted to the Planning Commission.
(2) Within sixty (60) days from the receipt of the proposed amendment and all required supporting documents, the application shall be placed on the agenda of the Commission for consideration, after which the Commission shall transmit its recommendation to Council. In no event shall an application to amend the Zoning Code or Zoning Map be placed on the agenda of the next scheduled meeting of the commission unless the application and all required supporting documents have been submitted to the secretary of the planning commission at least fourteen (14) working days prior to the scheduled meeting.
(c) Public Notice.
(1) Prior to the Planning Commission conducting a hearing upon a request for a zone change, written notice of the agenda of the hearing shall be placed in a newspaper of general circulation in the City, stating the place, date and time of the hearing, at least seven (7) days prior to the hearing, and notice shall be mailed by the Clerk of the Planning Commission by first class mail at least ten (10) days before the date of the hearing to the owners of the property contiguous to and directly across the street from the property being considered for a zone change.
(2) The notices shall be addressed to the contiguous owners of real estate, to those directly across the street from the property being considered for a zone change and to the owners of property being considered for a zone change as the appear on the County Auditor's current tax list or the County Treasurer's mailing list.
(3) Failure to deliver the notice by first class mail shall not invalidate any action taken by the Planning Commission provided the notice of hearing was mailed at least ten (10) days before the date of the hearing to the individuals as described in Subsection (c)(1).
(d) City Council Action.
(1) Upon the Clerk of Council's receipt of the recommendation of a zone change from the Planning Commission, Council shall schedule a public hearing. The hearing shall be held not more than forty (40) days after the receipt of the recommendation of a zone change from the Commission.
(2) Notice of the public hearing shall be provided by Council in at least one (1) notice published in a newspaper of general circulation in the City. The notice shall be published at least thirty (30) days before the hearing date. The notice shall set forth the time and location of the public hearing and a summary of the proposed amendment.
(3) When a proposed amendment proposes to rezone ten (10) or fewer 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 twenty (20) days before the hearing date, to all owners of lots abutting and/or across the street from the premises for which a zone change is being requested. The notice shall contain the same information as the newspaper notice. Failure to deliver the notice by first class mail shall not invalidate any action taken by the Council; provided, the notice of hearing was mailed at least twenty (20) days before the date of the hearing to the individuals as described in this subsection.
(4) During the thirty (30) days prior to the hearing, the proposed map or text amendment and all related maps, plans, or other data shall be available for public examination in the office of the Zoning Administrator.
(5) Within thirty (30) days after the conclusion of the public hearing, Council shall initiate the legislative process to either adopt or deny the recommendation of the Planning Commission, or adopt some modification thereof.
(6) An ordinance which adopts the recommendation of the Commission shall require the concurrence of a majority of the full membership of Council. The Planning Commission recommendation shall be deemed approved if not adopted, modified or denied within sixty (60) days after the legislative process has commenced.
(7) An ordinance which denies or modifies the recommendation of the Commission shall require the concurrence of three-fourths (3/4) of the full membership of Council.
(8) No such ordinance may be passed unless it has been fully read on three (3) different days, unless this requirement is waived by a three-fourths (3/4) majority of all members elected to Council. An ordinance amending the zoning regulations may contain an emergency clause, whereas an ordinance amending the zoning map shall not contain an emergency clause.
(Ord. 4-21. Passed 1-4-21.)