§ 150.2202 INITIATION OF ZONING AMENDMENTS.

   Amendments to the Zoning Code, either text or map, may be initiated in one of the following ways:

   (A)   By the filing of an application to the Planning Commission by at least one owner or lessee of property or developer with an option on such property within the area proposed to be changed or affected by said amendment.

   (B)   By the adoption of a motion by the Planning Commission recommending to City Council that the process be initiated to consider a zoning amendment, with concurrence by Council.

   (C)   By motion of City Council to initiate the rezoning process.

   (D)   Upon a written recommendation by the Zoning Administrator to the Planning Commission.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 6-2006, passed 4-5-06)

§ 150.2203 ZONING AMENDMENTS INITIATED BY PROPERTY OWNER(S).

   An amendment initiated by at least one owner or lessee of property or developer with an option on such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:

   (A)   Submission Requirements. Applications for proposed amendments shall contain at least the following information:

      (1)   The name, address and phone number of the applicant and the property owner if other than the applicant;

      (2)   A statement of the reason(s) for the proposed amendment;

      (3)   A statement on the ways in which the proposed amendment relates to the Comprehensive Plan;

      (4)   The payment of the application fee;

      (5)   Amendments to the Zoning Map adopted as part of this Zoning Code shall contain the following additional information:

         (a)   Legal description of the parcel(s) to be rezoned, drawn by a registered surveyor;

         (b)   Present use and zoning district;

         (c)   Proposed use and zoning district;

         (d)   A vicinity map at a scale approved by the Zoning Administrator showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Administrator may require;

         (e)   A list of all property owners lying within 300 feet of any part of the property on which the zoning amendment is requested, including their addresses and permanent parcel number as shown upon the County Auditor's current tax list;

         (f)   Existing topography at two-foot contour intervals of the property to be rezoned and extending at least 300 feet outside the proposed site, and including property lines, easements, street rights-of-ways, existing structures, trees and landscaping features existing thereon;

   (B)   Referral to Planning Commission. After the filing of a completed application by an owner, lessee of property or developer with an option on such property, the Zoning Administrator shall transmit the application to the Planning Commission to begin the review process set forth in §§ 150.2205 through 150.2208.

(Ord. 5-2005, passed 3-23-05)

§ 150.2204 ZONING AMENDMENTS INITIATED BY PLANNING COMMISSION OR COUNCIL.

   After recommendation by the Planning Commission and concurrence by City Council or by motion of City Council to initiate the process, the proposed amendment shall be reviewed and considered by the Planning Commission and Council according to the process set forth in §§ 150.2205 through 150.2208.

(Ord. 5-2005, passed 3-23-05)

§ 150.2205 REVIEW AND PUBLIC NOTICE BY PLANNING COMMISSION.

   (A)   Upon the receipt of an application, resolution, or upon the passage of a motion of the Planning Commission and concurrence by Council, Planning Commission shall set a meeting date for reviewing the proposed amendment.

   (B)   Whenever the Planning Commission is to consider a map amendment that proposes to rezone 10 or fewer parcels as listed on the tax duplicate, notice shall be given according to the following:

      (1)   Written notification shall be given by first class mail to the applicant and to all owners of property within 300 feet of the property proposed to be rezoned or redistricted.

      (2)   Notices shall be given at least seven days prior to the date of the meeting.

      (3)   Notices shall include the time and place of the meeting and a summary of the proposed amendment.

      (4)   Failure of delivery of such notice shall not invalidate any recommendation of the Planning Commission or any subsequently enacted ordinance.

   (C)   The Planning Commission may continue or defer its consideration and no further notice shall be required.

(Ord. 5-2005, passed 3-23-05)

§ 150.2206 RECOMMENDATION BY THE PLANNING COMMISSION.

   (A)   After the conclusion of the public hearing required in § 150.2205, the Planning Commission shall recommend one of the following to City Council:

      (1)   That the amendment be granted as requested,

      (2)   That the amendment be granted as modified by the Planning Commission, or

      (3)   That the amendment be denied.

   (B)   If the Planning Commission does not make a recommendation on the proposed amendment within 90 days from the submittal of a complete application or referral by City Council or an extended period as may be agreed upon by the applicant, it may be deemed that the recommendation of the Planning Commission is that the amendment be denied and Council shall act thereon according to § 150.2207. Upon either a motion by Council or at the request of the applicant, such motion by Council or request by the applicant must be filed with the secretary of the Planning Commission before any recommendation is made by the Planning Commission.

   (C)   The Secretary of the Planning Commission shall file with the Clerk of Council a written report of the Planning Commission's recommendation and findings.

(Ord. 5-2005, passed 3-23-05)

§ 150.2207 PUBLIC HEARING AND NOTICE BY COUNCIL.

   Upon receipt of the recommendation from the Planning Commission, Council shall set a time within 60 days for a public hearing on the proposed amendment.

   (A)   Notice of the public hearing shall be given by Council according to the following:

      (1)   Notice of the proposed amendment shall be published once a week for two consecutive weeks on the same day of the week, the first of which shall be published at least 30 days prior to the date of the required hearing, in one or more newspapers of general circulation in the city.

      (2)   Whenever a proposed map amendment proposes to rezone 10 or fewer parcels as listed on the tax duplicate, written notice of the hearing shall be given to the applicant and to all owners of property that are within 300 feet of the property proposed to be rezoned or redistricted. Notification shall be sent to the names and addresses of such owners appearing on the County Auditor's current tax list. Such list shall be furnished by the city law director's office. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person, or entity at the listed address and to the named owners at the street address of the property. Notices shall be sent by first class mail at least 30 days prior to the public hearing.

      (3)   Notices 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. Failure of delivery of such notice shall not invalidate any such amendment.

   (B)   During the 30 days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the maps, plans and reports that constitute the recommendation of the Planning Commission shall be on file for public examination in the office of the Zoning Administrator.

(Ord. 5-2005, passed 3-23-05)

§ 150.2208 ACTION BY COUNCIL.

   After the conclusion of the public hearing required in § 150.2207, Council shall consider the proposed amendment according to the following:

   (A)   Council's action shall either:

      (1)   Adopt the recommendation of the Planning Commission;

      (2)   Deny the recommendation of the Planning Commission; or

      (3)   Adopt some modification thereof.

   (B)   Required vote for adoption.

      (1)   If Council votes to uphold the recommendation of the Planning Commission, the proposed amendment shall be adopted when approved by a majority vote of the membership of Council.

      (2)   If Council votes to overrule or depart from the recommendation of the Planning Commission, the proposed action shall be adopted when approved by not less than five concurring votes of the membership of Council.

   (C)   Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement if such amendment to the proposal is germane to the subject matter thereof and is in accordance with the recommendation of the Planning Commission. Council approval, with modification of the recommendation of the Planning Commission, shall not be considered as overruling or departing from the Planning Commission's recommendation and requires a simple majority to approve.

   (D)    If City Council fails to act within 120 days of the public hearing, or an extended period as may be agreed upon, then the applicant may deem the zoning amendment denied.

(Ord. 5-2005, passed 3-23-05)