(A) Petitions for any change of district boundaries or classifications of property as shown on the zoning map shall be submitted to the Clerk of the County Commissioners at their public office, upon such forms and accompanied by such data and information as may be prescribed for that purpose, so as to assure the fullest practicable presentation of facts for the permanent record. Each such petition for a change of district boundaries or a reclassifications of property submitted by property owners who own at least 50% of the land involved shall be verified by at least one such owner attesting to the truth and correctness of all facts and information presented with the petition. Petitions for amendments submitted by the Plan Commission shall be accompanied by its own resolution pertaining to such proposed amendment.
(B) Before submitting its recommendations on proposed amendments to the text of this chapter or changes in zone district boundaries or classification of property as shown on the zoning map to the County Commissioners, the Commission shall, within 60 days hold a public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the county at least ten days before the date of such hearing. Such notice shall state the place and time at which the proposed amendment to the Ordinance, including text and maps, may be examined. At least ten days before the date set for a public hearing, written notices shall be sent to the owners (as reflected on the transfer records of the Auditor of the county) of all parcels of land immediately adjacent to the land described in the petition to be heard advising them of the public hearing.
(C) Within ten business days after the Plan Commission determines its recommendation (if any) on a proposal to amend the text of this chapter, the Commission shall certify to the County Commissioners a favorable recommendation, an unfavorable recommendation or no recommendation. The County Commissioners shall vote on the proposal within 90 days after the Plan Commission certifies the proposals.
(1) If the proposal receives a favorable recommendation from the Plan Commission, the County Commissioners may, within the 90-day period adopt, reject or amend the proposal. If the County Commissioners adopt the proposal as certified, it takes effect as any other ordinance adopted by the Commissioners. If the Commissioners fail to act on the proposal within 90 days after certification, it takes effect as if it had been adopted (as certified) 90 days after certification. If the Commissioners reject or amend the proposal it shall be returned to the Plan Commission for its consideration, with a written statement of the reasons for the rejection or amendment. The Plan Commission has 45 days in which to consider the rejection or amendment and report to the County Commissioners as follows:
(a) If the Commission approves the amendment or fails to act within the -5 day period, the ordinance stands as passed by the County Commissioners as of the date of the filing of the Plan Commission’s report of approval with the County Commissioners or the end of the 45-day period;
(b) If the Commission disapproves the rejection or amendment, the action of the County Commissioners on the original rejection or amendment stands only if confirmed by another vote of the County Commissioners within 45 days after the Plan Commission certifies its disapproval. If the County Commissioners fail to confirm their action, the Ordinance takes effect as being adopted as certified.
(c) If the proposal receives either an unfavorable recommendation or no recommendation from the Plan Commission, the County Commissioners may, within the 90 days period adopt, reject, or amend the proposal. If the County Commissioners adopt the proposal as certified, it takes effect as other ordinances adopted by the Commissioners. If the County Commissioners reject the proposal or fail to act on it within 90 days after certification, it is defeated. If the County Commissioners amend the proposal it shall be returned to the Plan Commission for its consideration, with a written statement of the reasons for the amendment. The Plan Commission has 45 days in which to consider the amendment and report to the County Commissioners as follows:
1. If the Commission approves the amendment or fails to act within the 45-day period, the ordinance stands as passed by the County Commissioners as of the date of the filing Plan Commission’s report of approval with the County Commissioners or the end of the 45-day period.
2. If the Plan Commission disapproves the amendment, the action of the County Commissioners on the original amendment stands only if confirmed by another vote of the Commissioners within 45 days after the Plan Commission certifies its disapproval. If the County Commissioners fail to confirm its action, the ordinance is defeated.
(2) The County Commissioners may take action under this section only by a vote of at least a majority of all elected members of the body.
(D) Upon receiving or initiating a proposal for a change in zone district boundaries or classification of property as shown on the zoning map, the Plan Commission shall hold a public hearing within 60 days on the proposal, and within ten business days after the Commission determines its recommendation, (if any), the Commission shall certify the proposal to the County Commissioners with a favorable recommendation, an unfavorable recommendation, or no recommendation. The County Commissioners shall vote on the proposal within 90 days after the Plan Commission certifies the proposal.
(1) If the proposal receives a favorable recommendation from the Plan Commission, the County Commissioners may, within the 90-day period adopt or reject the proposal.
(a) If the County Commissioners adopt the proposal as certified, it takes effect as other ordinances adopted by the Commissioners.
(b) If the County Commissioners reject the proposal, it is defeated.
(c) If the County Commissioners fail to act on the proposal within 90 days after certification, the ordinance takes effect as if it had been adopted as certified 90 days after certification.
(2) If the proposal receives an unfavorable recommendation or no recommendation from the Plan Commission, the County Commissioners may, within the 90-day period adopt or reject the proposal.
(a) If the County Commissioners adopt the proposal as certified, it takes effect as other ordinances adopted by the Commissioners.
(b) If the County Commissioners reject the proposal, it is defeated.
(c) If the County Commissioners fail to act on the proposal within 90 days after certification, it is defeated.
(Ord. passed 3-10-1993)