(a) Public Hearing. Before the proposed ordinance may be passed, the City Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the City. If the proposed ordinance intends to remove or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Clerk, by first-class mail, at least twenty (20) days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the Perry County Auditor’s current tax list. The failure of delivery of such notice shall not invalidate such proposed ordinance.
(b) Display of Relevant Materials. During such thirty (30) days, the text or copy of the text of the proposed ordinance, together with maps, plans, and reports submitted by the Planning Commission shall be on file, for public examination, in the office of the Clerk of the City.
(c) Action by City Council. No such ordinance, which is in accordance with the recommendation submitted by the Planning Commission, shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such ordinance which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths (3/4) of the membership of the City Council.
(d) Criteria. In reviewing the proposed amendment and arriving at its decision, the City Council shall consider the following factors:
(1) Compatibility of the proposed amendment with the zoning and use of adjacent land, and with land use plans for the general area.
(2) The effect of the adoption of the proposed amendment on motor vehicle access and traffic flow in the general area.
(3) The effect of the adoption of the proposed amendment upon the public health, safety and general welfare of the residents of the City.
(e) Effective Date and Referendum. Such amendment adopted by City Council shall become effective thirty (30) days alter the date of such adoption unless within thirty (30) days alter the passage of the ordinance there is presented to the City Clerk a petition, signed by a number of qualified voters residing in City equal to not less than ten (10) percent of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the City Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election.
No amendment for which such referendum vote has been requested shall be put into effect unless a majority vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the voters have approved the amendment, it shall take immediate effect. (Ord. 07-8. Passed 3-19-07.)