Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may, by ordinance, after receipt of recommendations thereon from the Planning Commission and Board of Zoning Appeals subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classification of property, now or hereafter established by this Zoning Code or amendments thereto. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to Council.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   Amendments or supplements to this Zoning Code may be initiated by motion of the Planning Commission, by the passage of an ordinance therefore by Council or by the filing with the Planning Commission of an application therefore by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement. Council shall, upon the passage of such an ordinance, certify it to the Commission.

   (b)   Upon the adoption of such motion, 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 twenty nor more than forty days from the date of the certification of such ordinance, the date of adoption of such motion or the date of the filing of such application.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   Applications for any change of district boundaries or classification of property as shown on the Zoning District Map shall be submitted to the Planning Commission at its public office upon such forms and shall be accompanied by such data and information as may be prescribed for that purpose by the Commission so as to ensure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one 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.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   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 properties lying within 200 feet of any part of the property, the zoning classification of which is proposed to be changed.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   Before submitting its recommendation on a proposed amendment to Council, the Board of Zoning Appeals shall hold a public hearing thereon, notice of which shall be given by publication in a newspaper of general circulation in the Municipality at least thirty days before the date of the hearing. The notice shall state the place or places and times at which the proposed amendment to this Zoning Code, including the text and maps, may be examined.

   (b)   If the proposed amendment or supplement intends to rezone or redistrict ten or fewer parcels of land, as listed on the tax duplicate, written notice of the public hearing as provided in subsection (a) hereof shall be mailed by the Fiscal Officer, by first-class mail, at least twenty days before the date of the public hearing, to all owners of property within, contiguous to and directly across the street from the area proposed to be rezoned or redistricted, to the addresses of such owners appearing on the County Auditor’s current tax list or the Fiscal Officer mailing list and on such other list or lists that may be specified by the Commission. The failure to notify, as provided in this subsection, shall not invalidate any recommendations adopted hereunder, it being the intention of this subsection 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 Zoning Code.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   The Board of Zoning Appeals may recommend that an application be granted as requested, that a modification of the zoning amendment requested in the application be made or that the application be not granted. These recommendations shall then be certified to Council within thirty days after the hearing.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   After receiving from the Board of Zoning Appeals the certification of recommendations on a proposed amendment, and before adoption of such amendment, Council shall hold a public hearing thereon within thirty days of the receipt of the recommendations from the Board of Zoning Appeals, at least thirty days notice of the time and place of which shall be given by publication in a newspaper of general circulation in the Municipality once a week for two weeks. The notice shall state the place or places and times at which the proposed amendment to this Zoning Code, including the text and maps, may be examined, and any other notice required by State statute shall also be given.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   Within twenty days after holding the public hearing on a proposed amendment, Council shall consider the recommendations and vote on the passage of the proposed amendment to the text of this Zoning Code or the Zoning District Map. No such ordinance, measure or regulation which differs from or departs from the plan or report submitted by the Board of Zoning Appeals shall take effect unless passed or approved by not less than three-fourths of the members of Council.

(Ord. 1905. Passed 12-13-11.)

   (a)   At the time that an application for a change of zoning districts is filed with the Board of Zoning Appeals, as provided in this chapter, there shall be deposited with the Fiscal Office the sum of thirty dollars ($30.00) as a fee to cover investigation, legal notices and other expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot. An additional fee of five dollars ($5.00) shall be deposited for each additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot to be adjacent to the lot for which the change is requested or an adjacent lot. Such sums so deposited shall be credited by the Fiscal Officer to the General Fund.

   (b)   In the event that the Board of Zoning Appeals disapproves the application, and the petitioner elects not to have the same certified to Council, then a refund of twenty-five dollars ($25.00), plus an additional refund of three dollars ($3.00) for each additional lot or part of an additional lot which was included in the application, shall be made to the petitioner by the Fiscal Officer, provided that the Fiscal Officer is notified of such decision by the petitioner within thirty days from the time of the action taken by the Board of Zoning Appeals.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)