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Warsaw City Zoning Code

ARTICLE 7

- AMENDMENTS4


Footnotes:
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State Law reference— Zoning amendments, IC 36-7-4-607 et seq.


7.0.- Amendments generally.

All amendments to this ordinance shall be in conformance with the provisions of Public Law 178 of the Acts of 1979 of the General Assembly of the State of Indiana [repealed in 1981—see now IC 36-7-4-607 et seq.] and all acts amendatory thereto.

7.1. - Amendment proposals.

Amendments to the zoning ordinance may be proposed by the following:

7.1.1.

Common council or any member of the common council;

7.1.2.

Plan commission; or

7.1.3.

By the owner or owners of 50 percent or more of the area involved in the petition.

7.2. - Petition.

A petition to amend the zoning ordinance shall be filed on the form provided by the plan commission, along with the information requested thereon, with the plan director of the City of Warsaw.

7.3. - Referral.

The plan director shall refer the petition to the plan commission for public hearing and recommendation.

7.4. - Public hearing by plan commission.

Following public notice and hearing in accordance with the provisions of state law, the plan commission shall take one of the following actions, relative to the petition:

7.4.1.

Recommend approval;

7.4.2.

Recommend approval subject to modification, provided that such modifications must be accepted by the petitioner prior to forwarding the plan commission's recommendation to the common council;

7.4.3.

Recommend disapproval; or

7.4.4.

Table and continue the petition in accordance with the rules and procedures of the plan commission.

7.5. - Public hearing by common council.

Upon receipt of the plan commission's recommendation, the common council shall hold a public hearing on the petition, at which time the council take one of the following actions:

7.5.1.

Approve the petition; provided, however, that petitions with an unfavorable recommendation from the plan commission shall not be passed except by an affirmative vote of at least two-thirds of the members of the common council;

7.5.2.

Disapprove the petition; or

7.5.3.

Table and continue the petition in accordance with the rules and procedures of the common council.