§ 1.10  AMENDMENTS.
   The Common Council shall have the authority to amend, supplement, change, modify, or repeal by ordinance the text or map of the zoning ordinance in accordance with the provisions of this chapter.
   Text amendments:  An application for an amendment to the written text of this zoning ordinance may be filed in the offices of the Columbia City/Whitley County Joint Planning and Building Department for consideration by the Plan Commission and the Common Council.  Such application may be initiated by the Mayor, any member of the Common Council, or any member of the Plan Commission.
   Map amendments (rezoning):  An application for a change in the zoning district designation as described by the official zoning map, may be filed in the offices of the Columbia City/Whitley County Joint Planning and Building Department for consideration by the Plan Commission and Common Council.  Such application may be filed by the Mayor, any member of the Common Council, any member of the Plan Commission, any person with a financial, contractual, or proprietary interest in the property to be rezoned, or the owners of more than 50% of the area to be involved in the proposed zoning change.
   A.   Application and submission requirements for amendments:  The application shall be made upon a form provided by the Columbia City/Whitley County Joint Planning and Building Department.  Said application shall be signed by the applicant and shall include:
      1.   Text amendments:  An application for a text amendment shall set forth the new text to be added, and any existing text to be deleted.
      2.   Map amendments:  An application for a map amendment shall include:
         (a)   A legal description for the property whose zoning designation is proposed to be changed.
         (b)   A scaled map of the property whose zoning designation is proposed to be changed, correlated with the legal description.
         (c)   A location map, locating the subject property within the neighborhood and community.
         (d)   The name and address of the property-owner.
         (e)   The petitioner's interest in the property, and if the petitioner is not the property owner, the name and address of the petitioner and a written, notarized statement from the property-owner authorizing the petitioner to act as the owner's agent for the purposes of the rezoning application.
         (f)   The date of the filing of the application.
         (g)   The present and proposed zoning classifications and the reasons for the proposed change.
      3.   An application for either a text amendment or a map amendment shall comply with, and be in accordance with, the “Rules of Procedure,” as adopted by the City Plan Commission.
   B.   Fees and costs for amendments:  In all cases where an application is initiated by a private party, the application shall be accompanied by the fee established by the Joint Advisory Board and on file in the offices of the Columbia City/Whitley County Joint Planning and Building Department.  Additionally, the applicant, on filing such an application, shall pay all costs and expenses associated with the application, whether or not the proposed amendment is enacted, including the drafting, advertising, and recording of the amendatory ordinance.
   C.   Approval process for amendments:
      1.   The Plan Commission: All such applications shall be referred to the Plan Commission for consideration and a report.  The Plan Commission shall hold a public hearing, as required by law.  Any such hearing may, for good cause shown, be continued from time to time at the request of the applicant or at the discretion of the Plan Commission.
         (a)   Certification of action:  Upon completion of the public hearing, the Commission shall approve, deny or send the application with no recommendation.  A certification, in writing, of its action, together with its recommendation shall be transmitted to the Common Council.
         (b)   Approval of the rezoning of a portion of the property:  The Plan Commission may recommend, and the Common Council may approve, that an application for a change of a zoning district classification be approved for all, or only a portion of the property described in the application.
         (c)   Approval of a different classification:  The Plan Commission may recommend, and the Common Council may approve, a zoning district classification other than the classification requested in the application as long as the recommended and approved zoning district is of the same “family” and of lower intensity.  Example:  Requested zoning district classification is R-2, Plan Commission may recommend R-1, but not R-3 or commercial, industrial, or other classification “family.”
      2.   The Common Council:  After receiving the Plan Commission's certification on the proposed amendment, the Common Council may proceed to take action on the proposed amendment.  At the first regular meeting after the proposed amendment is certified, the Common Council may adopt, reject, or amend the proposal.
         (a)   Adoption:  If the Common Council adopts the proposal as certified by the Plan Commission, it takes effect as any other ordinance.
         (b)   Failure to act:  If the Common Council fails to act upon the proposal within 90 days following the Plan Commission's certification, the action recommended by the Plan Commission in their certification shall automatically take effect.
         (c)   Rejection or amendment:  If the Common Council rejects the action recommended by the Plan Commission's certification, or amends the proposal contrary to the recommendation of the Plan Commission, the proposal shall be returned to the Plan Commission for its further consideration, with a statement of the Common Council's reasons for the rejection or amendment.
            (1)   If the Plan Commission approves the action of the Common Council, or fails to act within 45 days of the Common Council's report, the Common Council's action stands as passed by the Common Council, upon the filing of the Commission's report of approval, or the end of the 45-day period.
            (2)   If the Plan Commission rejects the Common Council's action, the original action of the Common Council stands only if confirmed by another vote of the Common Council within 45 days following the report of the Plan Commission's rejection.  If the Common Council fails to confirm its original action within this 45-day period, then the action recommended in the Plan Commission's original certification on the proposed amendment takes effect.
      3.   Basis for consideration and action:  In preparing and/or considering proposals to amend the zoning ordinance, the Plan Commission and the Common Council shall pay reasonable regard to: [Taken from I.C. 36-7-4-603, the Indiana Planning and Zoning Statute.]
         (a)   The Comprehensive Plan.
         (b)   The current conditions and the character of current structures and uses in each district.
         (c)   The most desirable use for which the land in each district is adapted.
         (d)   The conservation of property values within the neighborhood and jurisdiction.
         (e)   Responsible development and growth.
(I.C. 36-7-4-603)
      4.   Burden of proof:  In assessing the relevance or acceptability of a proposed amendment, the burden of proof in justifying the request shall rest with the applicant, both before the Plan Commission and the Common Council.
      5.   Withdrawal:  Any request for withdrawal of a legally filed application for an amendment to the zoning ordinance must be filed in writing and must be applied for prior to final action on the proposal by the Plan Commission.
   D.   Reapplication for amendments:  In the event that any application to amend the zoning ordinance is denied on final review by the Common Council, reapplication for the purposes of additional review of the same application shall not be accepted by the Plan Commission until 12 months following the date of the final action on the original application has elapsed, unless it can be shown to the satisfaction of the Plan Commission that substantial new evidence, not available during the original review of the application, will be presented.
(1980 Code, Ch. 156, § 1.10)  (Ord. 1995-7, passed 6-5-1995)