An application for a zoning text or zoning map amendment initiated by at least one owner or lessee of property or developer with an option to purchase such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:
(a) Discussion with Planning Commission. Prior to submitting an application for an amendment to the Planning and Zoning Code and/or the Zoning Map, the applicant shall appear before the Planning Commission to informally discuss the proposed amendment. However, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations of the Planning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval by the Planning Commission.
(b) Application Requirements. Applications for a zoning amendment shall contain at least the following information, unless otherwise instructed by the Planning Commission.
(1) The name, address and phone number of the applicant and the property owner if other than the applicant;
(2) A statement of the reason(s) for the proposed amendment;
(3) A statement on the ways in which the proposed amendment relates to the Comprehensive Plan;
(4) The payment of the application fee as established by Council.
(5) Additional materials required for zoning map amendment requests:
A. An accurate legal description of the parcel(s) to be rezoned, drawn by a registered surveyor;
B. Present use and zoning district, and the proposed use and zoning district;
C. A vicinity map at a scale approved by the Building and Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Building and Zoning Inspector may require;
D. Existing topography at two-foot contour intervals of the property to be rezoned and extending at least 300 feet outside the proposed site, and including property lines, easements, street rights-of-ways, existing structures, trees and landscaping features existing thereon;
E. The last known names and addresses of the owners of all properties lying within 300 feet of any part of the property on which the zoning map amendment is requested, as shown upon the records of Lake County. Where the property within 300 feet is under the same ownership as the property proposed to be changed, the names and addresses of the owners of all property adjoining that within. which the area proposed to be changed is situated, shall also be furnished;
(c) Referral to Planning Commission. After the filing of an application, the Building and Zoning Inspector shall transmit the application to the Planning Commission for its consideration and recommendation.
(d) Recommendation by Planning Commission. The Planning Commission shall recommend one of the following: (1) that the amendment be approved as requested, (2) that the amendment be approved as modified by the Planning Commission as the Commission may deem reasonable or necessary, or (3) that the amendment be denied. If no action has been taken by Planning Commission within forty-five days from the first regular meeting following receipt of the application, unless extended by the Planning Commission with written consent of the applicant, then the proposed amendment shall be deemed to have been denied by the Planning Commission. The secretary of the Planning Commission shall forthwith transmit to the Clerk of Council either the recommendation of the Commission, or the fact that the Commission has not made a recommendation on such application within its allotted time period.
(e) Public Hearing and Notice by Planning Commission. Within the forty-five-day period, or extension thereof, as set forth in subsection (d) hereof, the Planning Commission shall hold a public hearing. Notice of the public hearing shall be provided as follows:
(1) For map amendments, a written notice of the hearing shall be mailed by the Planning Commission, by first class mail or email, at least fifteen days prior to the date of the hearing, to all owners of property within 300 feet of the area proposed to be changed, using for this purpose the names and addresses of such owners as shown upon the records of Lake County or the list of property owners furnished by the applicant under subsection (b).
(2) The Commission shall further cause publication of notice to such hearing to be made at least once in a newspaper of general circulation, at least fifteen days prior to the date of the hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested.
(f) Public Hearing and Notice by Council. Upon receipt of the recommendation from the Planning Commission, Council shall set a time for a public hearing on the proposed amendment. Notice of the public hearing shall be given by Council by at least one publication in one or more newspapers of general circulation in the City. Said notice shall be published at least fifteen days before the date of the required hearing. The published notice shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that opportunity to be heard will be afforded to any person interested. During such fifteen days, the text of the proposed ordinance or amendment, the maps or plans, if applicable, and the recommendations of the Planning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
(g) Notice to Property Owners by Council. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail or email, at least fifteen days before the day of the public hearing to all owners of property within 300 feet of such area proposed to be rezoned or redistricted to the names and addresses of owners as shown upon the records of Lake County, or the list of property owners furnished by the applicant. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (f) hereof. Failure of delivery of such notice shall not invalidate any such amendment.
(h) Action by Council. After the public hearing required by subsection (f) hereof, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event Council adopts the recommendation of the Planning Commission, concurrence by a majority of the full Council members shall be required. In the event Council elects to overrule the recommendation of the Planning Commission, concurrence by two-thirds of the full Council members shall be required. Wherein Council fails to obtain such two-thirds vote, the recommendation of the Commission shall be considered as approved.
(i) Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement, if such amendment to the proposal shall be germane to the subject matter thereof and is in accordance with the recommendation of the Commission. Council approval, with modification of the recommendation of the Commission, shall not be considered as overruling such Commission recommendation. (Ord. 2020-21. Passed 2-18-20.)