Applications for amendment, supplement, or modification change of the Zoning Map may be made by any owner or his attorney-in-fact who wants their land rezoned, or, such application may be made by the Vandalia City Council. If such application is made by the owner's attorney, he shall enter upon the application the name and current mailing address of the owner. Satisfactory evidence of ownership shall be provided at the time of application. Such application shall be made upon forms prescribed by the Planning Commission and duly filed with the City Clerk. The application shall include:

A.

A legal description of the property to be rezoned.

B.

Proof of ownership of the property to be rezoned by Affidavit or land title records.

C.

A list containing the names and addresses of all owners of property located within two hundred fifty (250) feet of the property to be rezoned.

D.

A fee as set by the City Council if application shall be by an owner or his attorney-in-fact.

(Ord. No. 1997-6-16-D, Art. 14(14.1), 6-16-1997; Ord. No. 2009-11-2-A, § I, 11-2-2009)

Upon receipt of the application/petition it shall be forwarded to the Building Official for examination. The Building Official shall have thirty (30) days to review and determine its adequacy and completion. His examination shall include, but not be limited to, a determination as to whether the relief sought is consistent with and can be granted under the existing zoning ordinance; whether the petition sets forth in understandable form the matters set forth in the application; and, the Building Official shall take such steps as may be required to verify the legal sufficiency and correctness of any descriptions set forth. To the extent that the Building Official shall determine that the amendment application is insufficient or fails to provide sufficient information in any particular, he may within thirty (30) days return the application with a bill of particulars as to additional information required. No amendment application shall be transmitted to the Planning Commission unless and until the Building Official shall have determined it to meet the foregoing criteria. As a part of the Building Official's request for clarification and/or additional information, he may, to the extent that the administrator shall determine the same necessary, require a survey or plat prepared by a registered land surveyor.

(Ord. No. 1997-6-16-D, Art. 14(14.2), 6-16-1997)

This zoning ordinance, including the Zoning District Map or Maps, may be amended from time to time by the City Council, but no amendment shall become effective until it shall have been considered at a public hearing and the City Council shall have received the recommendation of the City Planning Commission as otherwise herein provided. All proposed amendments shall be by amendment application as otherwise herein provided; any amendment application shall be delivered to the office of the City Clerk; the City Clerk shall forthwith deliver the same to the Building Official for Administrative Examination, as otherwise herein provided. Upon approval of the amendment application by the Building Official, the City Clerk shall forthwith deliver the same to the Chairman or other designated officer of the City Planning Commission. The Planning Commission shall have thirty (30) days from first delivery to it of an amendment application to submit its report to the City Council. If the Planning Commission fails to submit a report to the City Council within the thirty-day period, and does not ask for an extension for further study, the Commission shall be deemed to have recommended approval of the proposed modification as set forth in the amendment application.

(Ord. No. 1997-6-16-D, Art. 14(14.3), 6-16-1997)

The Planning Commission shall conduct a public hearing on all applications for amendment, supplement, modification or change of the Zoning Map as the same shall be referred to it by the City Council. Such hearing shall be conducted within sixty (60) days of referral by the City Council to the Planning Commission. Notice shall be given of the time and place of the hearing not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one (1) or more newspapers with a general circulation within the City. If any application for amendment, supplement, modification or change of the zoning map recommends a change in the District Boundaries by rezoning of certain property, then such notice shall, in addition to the legal description of the property, contain a commonly recognized designation or address. The Planning Commission shall, within thirty (30) days of conducting the public hearing, make written report thereof, including its recommendations and reasons therefor, to the City Council.

(Ord. No. 1997-6-16-D, Art. 14(14.4), 6-16-1997)

(Ord. No. 2010-3-1-A, § II, 3-1-2010)

The City Council shall vote on the amendment based on the following conditions based on the criteria in paragraphs 17.28.060(a) and 17.28.060(b).

(a)

Majority Vote Required. Rezoning actions shall require an affirmative action by a majority of the full membership of the City Council.

(b)

Super Majority Required. Vote to rezoning shall require an affirmative vote of two-thirds (⅔) of the members of the City Council if a written protest against the rezoning is signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be rezoned, or by the owners of twenty (20) percent of the frontage immediately adjoining or across and alley therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be rezoned, is filed with the City Clerk.

(Ord. No. 1997-6-16-D, Art. 14(14.5), 6-16-1997)