(A) A proposed ordinance for amendment or repeal of the zoning chapter, in whole or in part including the official zoning map, may be proposed by a member of the Town Council to the Town Council, the Plan Commission to the Town Council or by petition of owners of property of at least 50% of the parcel or parcels within the area involved in the petition either to the Town Council or to the Plan Commission.
(B) No later than 21 days prior to the first reading by the Town Council, the petitioner must provide the Town Council the following:
(1) A petition describing the property that is the subject of the desired amendment, the amendment desired, and any facts pertinent to the request;
(2) A location map;
(3) An ordinance;
(4) A site plan as defined in § 157.040;
(5) Costs of publication of the ordinance (see division (D) below); and
(6) Costs of recording the chapter (see division (E) below).
(C) All petitions shall be filed with the required number of copies on eight and one-half inch by 11 inch paper with the petition as the first document, map as second document, and ordinance as the third document. In addition, six copies of a site plan must accompany these documents.
(D) The petitioner shall determine from the designated newspaper the costs of publication of the chapter and shall file with his or her petition a certified check payable to that designated newspaper for required amount.
(E) The petitioner will file with his or her petition a certified check payable to the Town Clerk-Treasurer, for the costs of recording.
(F) The petition and ordinance shall be assigned to the Plan Commission for hearing and recommendations. A proposed ordinance for the amendment or repeal of the zoning chapter or map must be referred to the Plan Commission for consideration and report before any final action is taken by the Town Council. Upon receiving or initiating a proposed ordinance, the Commission shall, within 60 days hold a public hearing on the proposed ordinance.
(1) Notice of the public hearing shall be published one time at least ten days before the date of the Plan Commission hearing.
(2) A notice must be posted on the property by the petitioner, in a place visible to the public, no less than 12 days prior to the Plan Commission hearing.
(3) A notice of hearings must be mailed by the petitioner by certified mail, return receipt requested, to each of the abutting property owners, no less than 12 days prior to the Plan Commission hearing.
(4) Costs of the notices shall be borne by the petitioner.
(5) Should the petitioner fail to comply with the notice requirements, as provided by this section, before the second regular meeting of the Plan Commission following the date that said petition is filed, the petition shall be withdrawn. If withdrawn, the petitioner may not reapply for approval involving the same property for a period of not less than 12 months.
(G) Prior to the public hearing by the Commission, the petitioner must file with the Town Clerk-Treasurer a copy of the letter of notice, an affidavit listing the abutting property owners, and the date notices were mailed after the effective date.
(H) Whenever Town Council shall change by ordinance the district boundaries or classifications of property, the Town Clerk-Treasurer shall record a copy of the chapter with the County Recorder immediately after the effective date.
(Ord. 1997-1, § 130.2(F), passed 1-22-1997)