Applications or petitions for change or amendment to existing zoning districts in the City shall be made to the office of the Planning Commission and shall be accompanied with a fee of $100 payable to the City and shall be deposited in the General Fund. This fee is for the purpose of defraying the costs of preparing the necessary plats, maps, data, legislation and notices and all official publications required by the City and shall not be refundable even though the application is disapproved by the Planning Commission or Council. Applications under Sections 1135.01 to 1135.05 are included herein.

(Ord. C79-74. Passed 1-20-75; Ord. C49-01. Passed 8-6-01.)

   Council may, from time to time on its own motion or petition, after public notice and hearing, amend the regulations and districts herein established but no amendment shall become effective unless the same has been first submitted to the Planning Commission for approval. The Commission shall give its consideration and report back to the Council within sixty days from submission. If the Commission does not act within the sixty day period, it will be deemed to have approved the action of Council. No such amendment which has been disapproved by the Commission shall take effect unless subsequently passed by a three-fifths vote of Council. If any area is hereafter transferred to another district by a change in the district boundaries by amendment as provided in this section, the provisions of this Zoning Code with regard to building or premises existing or buildings for which permits have been issued at the time of the passage of this Code (January 20, 1975) shall apply to buildings or premises existing for which permits have been issued in such transferred area at the time of the passage of such amendment.

(Ord. C79-74. Passed 1-20-75; Ord. C65-88. Passed 7-18-88.)

   (a)   All requests for modifications of the use districts as established by this Zoning Code shall be submitted to the Planning Commission upon such forms as provided by the Planning Commission for that purpose and pursuant to such rules and regulations as shall be established by the Planning Commission. The Commission may, upon its own motion, recommend to Council changes in the use districts herein established. An applicant requesting a change in the use districts herein established shall file together with the request as hereinbefore described an affidavit with the Planning Commission listing thereon the names and mailing addresses of all persons, corporations and entities owning land within, contiguous to, and directly across the street from the parcel or parcels for which a change and use classification is sought; a legal description for the parcel or parcels for which a change in use classification is being sought; and a map (no larger than 11 x 17) outlining said parcel or parcels and showing the contiguous parcels with names and parcel number. The Commission after hearing and consideration of such request shall forward its findings and recommendations to Council and provide a copy thereof to the applicant and other interested parties who shall request the same.

   (b)   The Planning Commission shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code. The concurring vote of three members of such Commission shall be necessary to reverse or modify any order, requirement, decision or determination; except that, in the event that at any meeting of the Commission there are only three members present, the unanimous vote of such three members shall be sufficient for such action.

(Ord. C79-74. Passed 1-20-75; Ord. C75-82. Passed 11-1-82; Ord. C34-02. Passed 4-1-02.)

   (EDITOR'S NOTE: For changes in and amendment to the zoning map see Table F of Special Ordinances in the Preliminary Unit of these Codified Ordinances.)

   All territory annexed to the City shall immediately upon annexation be subject to the zoning classification, regulations and restrictions as hereinafter set forth in this section.

(Ord. C39-84. Passed 7-2-84.)

   (a)   Territory annexed to the City shall be zoned by Council after receiving recommendations from the Planning Commission if the petitioner(s) for annexation apply to the Planning Commission as hereinafter set forth in subsections (b) and (c) hereof. All other annexed territory zoned under County or Township zoning shall be classified as the most comparable district of this Zoning Code.

   (b)   Petitioner(s) for annexation may apply to the Planning Commission for a zoning classification(s) once an annexation petition has been filed with the County Commissioners. Once the County Commissioners have approved the annexation, Council shall act upon the annexation ordinance, whereby the zoning classification(s) shall be a part. Council shall accept, deny or modify the Planning Commission's recommended zoning.

   (c)   A petitioner(s) requesting annexation shall file with the Clerk of Council within fifteen days of the approval of annexation by the Board of County Commissioners, or before, the names and mailing addresses of all persons, corporations and entities owning land within, contiguous to and directly across the street(s) from the parcel or parcels of territory to be annexed to the City. Thirty days notice shall be given to said property owners advising them of the hearing to accept the annexation and establish the zoning classification(s) to the territory to be annexed.

(Ord. C85-94. Passed 11-21-94.)

   (EDITOR'S NOTE: See Section 1131.99 for general Zoning Code penalty.)