Amendments of this Zoning Code or the Zoning Map made a part of this Zoning Code shall be pursuant to and in strict compliance with all then-applicable statutory provisions with respect thereto or applicable provisions of a Municipal Charter superseding such statutory provisions, if and when the same is adopted.

(Ord. 2002-45. Passed 8-22-02.)

   A proposed amendment to this Zoning Code may be initiated in two ways:

   (a)   Council shall pass a resolution referring an amendment to the text or Zoning Map to the Planning Commission for recommendation.

   (b)   A written application from a property owner, lessee, developer or option holder may be filed with the Council to amend the text or Zoning Map. As to the latter, the application shall comply with Section 1242.04 and shall be filed with the Clerk of Council. Council shall pass a resolution referring an amendment to the text or Zoning Map to the Planning Commission for recommendation.

   Upon the filing of an application for amendment from an affected property owner, lessee, developer or option holder, the petitioner shall pay to the Clerk of Council a fee in an amount consistent with resolutions and ordinances passed by Council.

(Ord. 2002-45. Passed 8-22-02.)

   Applications for amendments to the text of this Zoning Code or to the Official Zoning Map adopted as part of this Zoning Code shall be on standard forms developed by the Zoning Inspector and approved by the City Administrator, and shall be submitted with fees to the Clerk of Council at least fourteen days prior to the next Planning Commission meeting. In addition to an application form, such additional information as site drawings, descriptions of proposed buildings and any other information deemed necessary to determine compliance with this Zoning Code shall be submitted. In the case of proposed amendments to the Official Zoning Map, the application for an amendment shall include a list of all property owners and their mailing addresses who are within, contiguous to or directly across the street from the parcel proposed to be rezoned, along with a statement describing the ways in which the proposed amendment relates to the Comprehensive Plan.

(Ord. 2002-45. Passed 8-22-02)

   Immediately after the adoption of a resolution by Council, said resolution shall be transmitted to the Planning Commission for a recommendation. The Planning Commission's recommendation shall be forwarded to Council within forty-five days following the date that Council passes a resolution referring such matter to the Planning Commission.

(Ord. 2002-45. Passed 8-22-02.)

   Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new Federal or State highway, or a highway for which changes are proposed, as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Planning Commission shall give notice, by registered or certified mail, to the Director of Transportation. The Commission may proceed as required by law. However, Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the City that he or she shall proceed to acquire the land needed, then the City shall refuse to approve the rezoning. If the Director of Transportation notifies the City that acquisition at this time is not in the public interest, or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director of Transportation and the property owner, Council shall proceed as required by law.

(Ord. 2002-45. Passed 8-22-02.)

   A public hearing of Council of a recommended zoning change shall take place not more than forty days after Council receives the zoning change recommendation from the Planning Commission.

(Ord. 2002-45. Passed 8-22-02.)

   Notice of the public hearing required by Section 1242.07 shall be given by Council by at least one publication in one or more newspapers of general circulation. Said notice shall be published at least fifteen days prior to the date of the required hearing. Such published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

(Ord. 2002-45. Passed 8-22-02.)

   If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land as listed on the tax duplicate, written notice of the hearing of Council shall be mailed by the Clerk of Council by first class mail, at least fifteen days prior to the date of the public hearing to all owners of property within, contiguous to and directly across the street from such area proposed to be rezoned.

(Ord. 2002-45. Passed 8-22-02.)

   Within sixty days after the public hearing required by Section 1242.07, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event Council denies or modifies the recommendation of the Planning Commission, it must do so by a vote of not less than two-thirds of the full membership of Council. No such ordinance shall be passed unless it has been fully and distinctly read in Council on three different days, except that such ordinance may become emergency legislation if two-thirds of the members of Council vote to dispense with this rule.

(Ord. 2002-45. Passed 8-22-02.)

   An amendment adopted by Council shall become effective thirty days after the date of such adoption, unless, within thirty days after the passage of the ordinance, there is presented to the City Clerk a petition signed by a number of qualified voters residing in the City, equal to not less than ten percent of the total vote cast at the last preceding general election, requesting Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election.

   No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, such amendment shall take immediate effect. (See Appendix B, Amendments of Zoning Code or Zoning Map Flowchart.)

(Ord. 2002-45. Passed 8-22-02.)