1139.03 COUNCIL AMENDMENT REVIEW PROCEDURE.
   (a)   Public Hearing by Council and Notice to Property Owners.
      (1)   After receiving from the Planning Commission certification of the recommendations on the proposed amendment and before this Zoning Code or any amendment thereto may be adopted or passed, Council shall hold a public hearing thereon and shall give at least 30 days notice, once a week for two weeks, of the time and place thereof in a newspaper of general circulation in the Village. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined and other notices as required by State statutes.
      (2)   Whenever an amendment to this Zoning Code 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-Treasurer, by first class mail, at least 20 days before the date of the public hearing, to the owners of property within, contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list of the County Treasurer's mailing list and on such other list that may be specified by Council. The failure of delivery of such notice shall not invalidate any such amendment.
      (3)   During such 30-day or 20-day notice periods, as the case may be, the text or copy of the text of the amending ordinance, together with the maps, plans or copies thereof forming part of or referred to in such ordinance, and any reports submitted by the Planning Commission, the Board of Zoning Appeals or the Zoning Inspector shall be on file for public examination in the office of the Clerk-Treasurer or in such other office as is designated by Council.
   (b)   Action of Council. After holding the above public hearing, the Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the ordinance or the zoning map.
      (1)   No ordinance or amendment which is in accordance with the recommendation, plan or report submitted by the Planning Commission, the Board or the Zoning Inspector shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to Council.
      (2)   No such ordinance or amendment which differs or departs from the plan or report submitted by the Planning Commission, the Board, or the Zoning Inspector shall take effect unless passed or approved by not less than three-fourths of the membership of Council.
(Ord. 1584. Passed 9-17-07.)