§ 153.085 ACTION BY CITY COUNCIL.
   (A)   Public hearing. Before the proposed ordinance may be passed, the City Council shall hold a public hearing, and shall give at least 30 days notice of the time and place thereof in a newspaper of general circulation in the city. If the proposed ordinance intends to remove or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Director of Public Service, by first-class mail, at least 20 days before the date of the public hearing to the owners of property within 200 feet, or contiguous to and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the County Auditor’s current tax list, as provided by the applicant. The failure of delivery of such notice shall not invalidate such proposed ordinance.
   (B)   Display of relevant materials. During such 30 days, the text or copy of the text of the proposed ordinance, together with maps, plans, and reports submitted by the Planning and Zoning Board, shall be on file for public examination in the office of the Clerk-Treasurer of the city.
   (C)   Action by City Council. No such ordinance which is in accordance with the recommendation submitted by the Planning and Zoning Board shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such ordinance which violates, differs from or departs from the recommendation submitted by the Planning and Zoning Board shall take effect unless passed or approved by not less than three-fourths of the membership of the City Council.
   (D)   Criteria. In reviewing the proposed amendment and arriving at its decision, the City Council shall consider the following factors:
      (1)   Compatibility of the proposed amendment with the zoning and use of adjacent land, and with land use plans for the general area;
      (2)   The effect of the adoption of the proposed amendment on motor vehicle access, traffic flow and the provision of public services in the general area; and
      (3)   The affect of the adoption of the proposed amendment upon the public health, safety and general welfare of the residents of the city.
(2003 Code, § 153.090) (Ord. 3459, § 6.06, passed 3-7-2002)