(a) Filing and Acceptance of Application. Seven (7) copies of a completed application shall be filed with the Planning and Zoning Administrator at least forty-five (45) days prior to a regularly scheduled meeting of the Planning Commission. Prior to accepting such application, the Planning and Zoning Administrator shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Planning and Zoning Administrator, shall result in a refusal of acceptance.
(b) Public Hearing. A public hearing of the Planning Commission shall be held within sixty (60) days from the date of the acceptance of a resolution, motion or complete application to amend this ordinance and/or official zoning map. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(c) Public Notice for Hearing. At least one (1) notice shall be given at least ten (10) days prior to a scheduled public hearing in one (1) or more newspapers of general circulation in the Municipality. Such notice shall include time and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to Council for further determination.
(d) Notice to Property Owners. If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Municipality, at least ten (10) days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted and/or those property owners within 200 feet of the property proposed to be zoned or rezoned. The notice shall correspond to subsection (c) hereof in content.
(e) Action by Planning Board. Within thirty-five (35) days of the public hearing, the Planning Commission shall review the application and forward one of the following recommendations to Council:
(1) Recommend the proposed amendment be granted as requested.
(2) Recommend the proposed amendment be modified.
(3) Recommend the proposed amendment not be granted.
(f) Public Hearing of the Council. Upon receipt of such recommendation, Council shall schedule a public hearing within forty-five (45) days of said receipt. Nothing in this section shall prevent the Council from continuing a public hearing.
(g) Public Notice for Hearing. At least one (1) notice shall be given at least thirty (30) days prior to a scheduled public hearing in one (1) or more newspapers of general circulation in the Municipality. Such notice shall include time and place of the public hearing, nature of the proposed amendment, and a summary of the Planning Commission’s recommendation.
(h) Notice to Property Owners. If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Municipality, at least ten (10) days prior to the date of the public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted and/or those property owners within 200 feet of the property proposed to be zoned or rezoned. Notice shall correspond to subsection (c) hereof in content.
(i) Action by Council. Within thirty-five (35) days after public hearing, Council shall adopt or deny the recommendation of the Planning Commission or adopt a modification thereof. To adopt the Commission’s recommendation, a majority vote of the membership of Council is required. To reverse or modify the Commission’s recommendation, a vote of three-fourths (3/4) of the full membership of Council is required.
An application for amending this Zoning Ordinance that has been disapproved by Council may only be resubmitted to the Municipality no sooner than one (1) year from the date of such disapproval by Council. (Ord. 2007-06. Passed 3-19-07.)