(A) (1) Amendments or supplements to the zoning code; procedure; referendum; amendments or supplements to the zoning code may be initiated by motion of the Planning Commission, by the passage of an ordinance therefore by the Council or by the filing of an application therefore by 1 or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Planning Commission. The Council shall, upon the passage of such ordinance, certify it to the Commission.
(2) Upon the adoption of such motion, or the certification of such ordinance, or the filing of such application the Commission shall set a date for a public hearing thereon, which date shall not be less than 20 nor more than 40 days from the date of the certification of such ordinance or the date of adoption of such motion or the date of the filing of such application.
(B) Applications for any change of district boundaries or classification of property as shown on the zoning map shall be submitted to the Commission at its public office upon such forms and shall be accompanied by such data and information as may be prescribed for that purpose the Commission so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least 1 of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment.
(C) Names and addresses of adjacent property owners. Any person or persons desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all contiguous properties.
(D) Referral of proposed change to County Regional Planning Commission. Within 5 days after the filing of an application for change in the chapter or districts, the Commission shall transmit a copy thereof, together with text and map pertaining thereto, to the County Regional Planning Commission. The County Regional Planning Commission shall recommend the approval or denial of the proposed amendment or supplement or the approval of some modification thereof and shall submit such recommendation to the Commission. Such recommendation shall be considered at the public hearing held by the Commission on such proposed amendment or supplement.
(E) Submission to State Highway Director. Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials of the State Highway Director, or within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Highway Director. The Commission may proceed as required by law, however, the City Council shall not approve the amendment for 120 days from the date the notice is received by the Highway Director. If the Highway Director notifies the city that he or she shall proceed to acquire the land needed, then the city shall refuse to approve the rezoning. If the Highway Director notifies the city that the acquisition at this time is not in the public interest or upon the expiration of 120 day period or an extension thereof agreed upon by the Highway Director and the property owner, the City Council shall proceed as required by law.
(F) Public Hearing by Commission. Before submitting its recommendation on a proposed amendment to the Council, the Commission shall hold a public hearing thereon, notice of which shall be given as provided by law at least 15 days before the date of the hearing or as otherwise required by state law. The notice shall state the place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined, and stating that the proposed amendment will be referred to City Council for further determination.
(G) Action of Commission. The Commission may recommend that the application be granted as requested or it may recommend a modification of the zoning amendment requested in the application or it may recommend that the application be not granted. These recommendations shall then be certified to the Council within 30 days after the hearing.
(H) Public hearing by the Council. After receiving from the Commission the certification of said recommendations on the proposed amendment and before adoption of such amendment, the Council shall hold a public hearing thereon within 40 days of the receipt of the recommendations from the Commission, at least 30 days notice of the time and place of which shall be given as provided by law. The notice shall state the place or places and times at which the proposed amendment to the chapter, including text and maps, may be examined and other notices as required by state statues.
(I) Notice to property owners. If the proposed amendment or supplement intends to rezone or redistrict 10 or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk by first class mail at least 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 area proposed to be rezoned or redistricted to the address of such owners appearing on the county auditors current tax list or the treasurers mailing list and to such other list or lists that may be specified by the Commission. The failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder, it being the intention the this section to provide, so far as may be possible, due notice to persons substantially interested in the proposed change that an application is pending before the Commission, proposing to make a change in the zoning district map or the regulations set forth in this chapter.
(J) Action of the Council. Within 20 days after holding the public hearing on the proposed amendment the Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the chapter or zoning district map. No such ordinance, measure or regulation which differs from or departs from the plan or report submitted by the Commission, Board, or officer shall take effect unless passed or approved by not less than 3/4 of the membership of the legislative authority.
(1981 Code, § 150.76) (Ord. 6570-93, passed 12-13-1993)