1117.05  PUBLIC HEARING AND ACTION BY COUNCIL.
   (a)    Council shall, upon receipt of such recommendation, set a time for a public hearing on such proposed amendment, which date shall not be more than one hundred and twenty (120) days nor less than thirty (30) days from the date of the receipt of such recommendation from the Planning Commission.
      (1)    Notices shall be provided according to the following:
         A.    Notice of the public hearing shall be given by Council in a paper of general circulation and on the Village website at least thirty (30) days in advance of the public hearing.
         B.    If the amendment intends to rezone ten 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 or hand delivered, at least twenty (20) days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the Lake County auditor's current tax list. The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation.
      (2)    Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any person interested.
      (3)    During the thirty (30) days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the recommendation of the Planning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
      (4)    Council may recess such hearing from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
   
   (b)    After the conclusion of the public hearing, Council shall take action within 90 days on the proposed amendment.
      (1)    Council’s action shall either:
         A.    Adopt the recommendation of the Planning Commission;
         B.    Deny the recommendation of the Planning Commission; or
         C.    Adopt some modification thereof.
      (2)    In the event Council adopts the recommendation of the Planning Commission, concurrence by a majority of the full Council members shall be required. In the event Council elects to overrule the recommendation of the Planning Commission, concurrence by three-fourths of the full Council members shall be required. Wherein Council fails to obtain such three-fourths vote, the recommendation of the Commission shall be considered as approved.
      (3)    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.
         (Ord. 19-10.  Passed 11-7-19.)