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(A) Amendments to this chapter; generally.
(1) Prior to any change or amendment the Commission shall give notice and hold a public hearing on the proposed ordinance change or amendment. At least 10 days prior to the date set for hearing the Commission shall have published in 1 newspaper of general circulation in Porter County the notice of time and place of the hearing.
(2) A petitioner who seeks to amend this chapter or other Comprehensive Plan elements shall file a petition with the Plan Commission. The petitioner or petitioners shall consist of the owner or owners of at least 50% of the area involved in the petition.
(3) Nine copies of the petition must be submitted to the Plan Commission.
(4) All petitions not initiated by the Commission itself shall be accompanied by a non-refundable filing fee to defray the administrative and investigative expenses of the Commission, made payable to the Clerk-Treasurer of the Town of Beverly Shores as specified in § 155.065.
(5) The petition shall include:
(a) The subject of the petition;
(b) The name(s) and address(es) of the petitioner(s);
(c) The name(s) and address(es) of the property owner(s);
(d) Legal description of the property and common description (common address);
(e) The present zoning of the property;
(f) Covenants running with the property relative to the petition;
(g) The reason for the petition; and
(h) Other plats and plans consistent with divisions (5)(a) through (d).
(6) Once the petition has been set for public hearing, all property owners within a 300-foot radius of the petition site or across the right-of-way shall be notified of the time and place of the public hearing. This shall be done by certified letter at the expense of the petitioner or by personal contact with the property owners and proof of the contact shall be furnished by the petitioner. The petitioner will provide proof that he or she has conformed to the above at the public hearing.
(7) The petitioner at his or her expense shall cause the notice or the public hearing to be published in 1 newspaper of general circulation in Porter County.
(8) No petition shall be accepted by the President for hearing unless accompanied by or included with all information, data, statistics and/or plats.
(B) Agenda for public hearing on amendments to this chapter.
(1) Each action to be presented before the Commission shall be filed in proper form with the required data; shall be numbered serially and placed on the docket of the Commission. The docket numbers shall include the year and begin a new on January 1 of each year.
(2) As soon as the case receives a docket number, it shall be placed on the agenda of the Commission and a date set for public hearing.
(3) Cases shall come before the Commission in the regular order of their consecutive numbers unless otherwise ordered by the Commission.
(C) Conduct of public hearing for amendments to this chapter. The conduct of a public hearing shall be as follows:
(1) The Commission President shall call for the reading of the petition by the Secretary;
(2) The petitioner shall present the facts and arguments in support of his or her case;
(3) The Commission may question the petitioner;
(4) The Commission President shall open the public hearing;
(5) Each of those who oppose the petition shall have 1 opportunity to speak. To do so, one must address the Chair and be recognized before speaking on the subject of the petition:
(a) The proponent or remonstrator must give his or her name and address; and
(b) The President may limit a duly recognized speaker's time.
(6) The President shall close the public hearing after the Commission has adequately heard from the remonstrators and proponents;
(7) The President shall call for the reading of written remonstrances by the Secretary;
(8) The petitioner may summarize arguments;
(9) The Commission may question further;
(11) In the presentation of a case the burden shall be upon the petitioner to supply all information including charts, plats, diagrams and other exhibits necessary for a greater understanding of the problem. The Commission may continue the hearing when in its judgment the petitioner has not provided sufficient evidence and information in which to make a determination;
(12) Every person appearing before the Commission shall abide by the order and directions of the President. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Commission and those responsible for the action shall be removed from the premises;
(13) The Commission, at its discretion, may continue or postpone the hearing of any case upon an affirmative vote of a majority of the Commission;
(14) All petitioners must share the burden of providing 1 or more of the following points to the satisfaction of the Commission:
(a) That there was an error in the original zoning of the property when the chapter was adopted;
(b) That the character of the area under consideration has changed either through technological advances or developmental changes;
(c) That a change of zoning will not be injurious or detrimental to the surrounding property values;
(d) That if the change were granted it would promote orderly community growth; and/or
(e) That the petition will not create spot zoning which will confer a special benefit on a relatively small tract without commensurate benefit to the community.
(15) Upon having satisfied itself that the petitioner has met the requirements of division (A) above, the Commission shall pay reasonable regard to: (i) the Comprehensive Plan; (ii) current conditions and the character of current structures and uses in each district; (iii) the most desirable use for which the land in each district is adapted; (iv) the conservation of property values throughout the town; and (v) responsible development and growth; and shall, in light of those considerations, then decide whether or not the proposed change meets the following standards:
(a) That the proposed change will not adversely affect the community;
(b) That the zoning district will not be disrupted or destroyed;
(c) That the topography, soil condition and other physical features of the land involved are suitable for the proposed use and zoning change; and
(d) That the proposed land use will not have an adverse affect upon the surrounding land.
(Ord. 208, passed 12-19-1983; Am. Ord. 08-11, passed 11-17-2008)