(a) Upon their own action, or a resolution by the Planning Commission or receipt of an application from the City Housing, Planning and Zoning Office after completion by an owner or lessee of land, Council shall convene a public hearing to consider such action or resolution or application. Such hearing shall be convened by Council and be held jointly with the members of the Planning Commission.
(b) In setting the date of such public hearing as described in Paragraph (a) above, Council shall give at least ten (10) days notice thereof. Notice setting forth the time and place of such hearing and the nature of the proposed change or amendment shall be given by Council in a newspaper of general circulation in the City. If the ordinance, resolution or application requests to re-zone or re-district 10 or less parcels of land, as listed on the tax duplicate, written notice of this public hearing shall be mailed by the Housing, Planning and Zoning Office of the City, by first class mail, at least ten (10) days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from any such parcel or parcels to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and such other list or lists that may be specified by Council, with such list of names and addresses being supplied by the applicant to the Housing, Planning and Zoning Office at the time of filling out the application. Further, signs, of not less than twenty (20) inches by twenty (20) inches, indicating the time and place of the meeting for consideration of re-zoning or re-districting shall be conspicuously placed by the Housing, Planning and Zoning Officer on the property not less than seven (7) days prior to the public hearing. In the event that any re-zoning or re-districting is pursuant to an application filed by a land owner or lessee, all expenses and costs associated with providing notice shall be paid from the application fee as collected by the Housing, Planning and Zoning Office. Failure of delivery of such notice as described herein shall not invalidate any such ordinance, measure or regulation.
(c) At the conclusion of the public hearing as described in Paragraph (a) above, or anytime thereafter, Council shall transmit an ordinance regarding a proposed change or amendment of this zoning ordinance or district map to the Planning Commission, with or without a recommendation, for study and report. The Planning Commission shall have not less than thirty (30) days in which to consider and report upon such proposed ordinance, but if no report is received from the Commission in sixty (60) days it may be assumed that the Commission has approved the amendment. The report of the Planning Commission shall be transmitted to Council at which time Council shall set a date for a public hearing on the proposed change or amendment.
(d) In setting the date of such a public hearing, as described in Paragraph (c), Council shall give at least thirty days notice thereof. Notice setting forth the time and place of such public hearing and the nature of the proposed change or amendment shall be given by Council in a newspaper of general circulation in the City.
(e) If the ordinance, measure or regulation intends to re-zone or re-district ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of the City, by first class mail, at least twenty days before the date of the public hearing to the 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 County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by Council, and such list of names and addresses shall be supplied by the applicant to the Housing, Planning and Zoning Office of the City at the time of filing. Further, signs, of not less than twenty (20) inches by twenty (20) inches, indicating the time and place of the meeting for consideration of re-zoning or re-districting shall be conspicuously placed by the Housing, Planning and Zoning Officer on the property not less than seven (7) days prior to the public hearing. In the event that any re- zoning or re-districting is pursuant to an application filed by a land owner or lessee, all expenses and costs associated with providing notice shall be paid from the application fee as collected by the Housing, Planning and Zoning Office. Failure of delivery of such notice as described herein shall not invalidate any such ordinance, measure or regulation.
(f) During such thirty days the text or copy of the text of such ordinance, measure or regulation, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure or regulation and the maps, plans and reports submitted by the Planning Commission, board or offices shall be on file, for public examination, in the office of the Clerk of the City or in such other office as is designated by Council.
(g) Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall make payment of such fees as Council may determine from time to time. Under no condition shall such sum or any part thereof be refunded for failure of the change to be adopted by Council.
(h) An ordinance making a proposed change or amendment of this Zoning Ordinance or District Map, after having been approved by the Planning Commission, and after public hearing according to law, and upon submission to Council, , shall be required to be passed by a majority vote of all members elected to Council. An ordinance making a proposed change or amendment of this Zoning Ordinance or district map, after having been disapproved by the Planning Commission, and after public hearing according to law, and upon submission to Council, shall be required to be passed by a three-fourths vote of all members elected to Council. No such ordinance making a proposed change or amendment of this Zoning Ordinance or district map shall be passed by emergency legislation without suspension of this requirement by a three-fourths vote of all members elected to Council.
(Ord. 010102-02. Passed 4-3-01.)