(A) General. Two procedures to amend this chapter and one procedure to amend the zoning maps are established, as follows:
(1) Petitions requesting a total replacement or a total repeal to this chapter, including amendments and zoning maps, may only be initiated by the Plan Commission. The procedure for this type of petition shall be governed by I.C. 36-7-4-602(a) and 36-7-4-606.
(2) Petitions requesting an amendment or repeal to part of the text of this chapter may only be initiated by the Plan Commission or the Common Council. The procedure for this type of petition shall be governed by I.C. 36-7-4-602 (b) and 36-7-4-607.
(3) Petitions requesting a change to the zoning maps (rezoning) may only be initiated by the Plan Commission, the Common Council or by a petition signed by property owners who own at least 50% of the land involved. The procedure for this type of petition shall be governed by I.C. 36-7-4-602 (c) and 36-7-4-608.
(B) Rezoning application process. The petition process for a rezoning initiated by a majority of property owners is as follows:
(1) A rezoning shall be applied for in writing on a form provided by the Plan Commission.
(2) Every petition for a rezoning shall be accompanied by the following:
(a) All applicable fees, as established in the city official fee schedule;
(b) A list of affected parties;
(c) A legal description of the property; and
(d) A site plan, drawn to scale, and on paper not less than 17 inch x 21 inch nor more than 30 inch x 36 inch, showing the location of the proposed land to be rezoned in respect to surrounding properties. This drawing shall include details, as required by the Commission, of the land uses within 300 feet of the land to be rezoned.
(3) The Plan Commission shall hear and determine all rezoning petitions during a public hearing.
(4) The disposition of the rezoning shall be by an affirmative vote of the Commission and shall be covered by Commission Rules of Procedure adopted by resolution.
(C) Rezoning findings of fact. All rezoning must be recommended to the Council only upon a determination in writing that the Plan Commission has considered the following:
(1) Whether the rezoning will fulfill a public need for that type of land use.
(2) Whether the rezoning is appropriate in the area requested or if the public interest would be better served by rezoning another area of the jurisdiction.
(3) Whether the rezoning conforms to the future land use map in the Comprehensive Plan.
(4) Whether the new land use will complement the present and future traffic flows or would the rezoning cause an adverse impact.
(5) Whether adequate off street parking will be provided if the rezoning request is granted.
(6) Whether potential inconveniences and nuisances (such as noise, lights, odors, and the like) of the rezoning request on adjacent landowners have been adequately considered.
(7) Whether there are adequate public utilities and services available to the land if rezoned; and whether the local government will have to pay the cost of any such installation.
(8) Whether it is assured that the rezoning request is not spot zoning, a violation of precedents, or arbitrary and capricious.
(D) Council action required. Once the Commission gives a recommendation on a rezoning, it must certify its recommendation to the Council within ten days of such decision. The Council has ninety days from the date the Commission certifies its recommendation in which to take final action on the proposal. Final action shall be the adoption, or rejection of a prepared ordinance; however, if the Council fails to take final action or act on the proposal within such 90-day period, the proposal shall be approved as certified by the Plan Commission.
(E) Speculative rezoning prohibited. In all cases where a rezoning is initiated by a majority of property owners, the petition shall be requested because of a committed and planned project. The Plan Commission shall consider the criteria in division (C) above based upon the planned project. All such rezoning petitions where there is no commitment and/or planned project shall be considered speculative and shall be prohibited.
(F) Permits for projects where a rezoning was requested and granted. In cases where a rezoning is initiated by a majority of property owners, and where an ILP or building permit is requested for a project which is inconsistent with the findings of the approved rezoning, the ILP or building permit shall be denied by the Planning Director.
(Ord. 4-2009, passed 3-9-09)