Section 3.05.  Zoning Measures - Referral to Planning Commission - Notice.
   (A)   Each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses or regulations shall be referred to the Planning Commission immediately after its first reading. A decision on any matter so referred to the Planning Commission shall be rendered within thirty (30) days from the date of referral, unless a longer time is allowed by Council. If no decision is rendered in the time allotted by Council, the Planning Commission shall be by-passed and a decision made by Council.
   (B)   No such ordinance or resolution which violates, differs from, or departs from the written recommendations of the Planning Commission shall take effect unless passed and approved by a vote of not less than two-thirds of the members of the Council. No such ordinance or resolution which is in accordance with the written recommendations of the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the Council.
   (C)   The presiding officer of the Council shall set a date for a public hearing on each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations, which hearing shall be after the thirty day period provided in Division (A) of this Section within which the Planning Commission is required to return its written recommendations to the Clerk of Council. The Clerk of Council shall cause a notice of such public hearing posted on the City web site, and copies displayed at Civic Hall and the Public Library within the City at least fifteen days prior to the date of such public hearing, and when such amendment, revision, change or repeal involves ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by first class mail by the Clerk of Council at least ten days before the date of the public hearing to the owners of property within, contiguous to and within two hundred feet 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 as such lists appear fifteen days prior to the date of the public hearing. If the mailing address of any such owner cannot be reasonably determined from such lists, only the newspaper notice shall be required as to such owners. The failure of delivery of such notice shall not invalidate any such ordinance or resolution.
(Amended 11-4-97; 11-7-17)