(A) Transition rules. The following transition rules shall apply to the adoption of this chapter.
(1) Previously applied for improvement location permits. Any application for an improvement location permit that has been filed with the Plan Commission or its designees and is full and complete, prior to the effective date of this chapter, shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of filing. However, all administrative procedures and penalties shall follow those established by this chapter.
(2) Previously filed zoning map amendment requests. Any application for a zoning map amendment that was filed with the Plan Commission or its designees, and is full and complete prior to the effective date of this chapter, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district or the proposed zoning district no longer exists, the Planning Director shall, with the applicant's consent which shall not be unreasonably withheld, amend the application so that the request for rezoning would accomplish the same end goal.
(3) Previously filed Board of Zoning Appeal petitions. Any application before a Board of Zoning Appeals (i.e. special exception, development standards variance) that has been filed with the Board of Zoning Appeals or its designees and is full and complete, prior to the effective date of this chapter, shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that:
(a) Obsolete applications. If the application is no longer required by the terms of this chapter, the application will be dismissed;
(b) Applicable regulations. The improvements to which the application relates shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of filing, consistent with division (A)(1) above; and
(c) Administrative procedures. All administrative procedures and penalties shall follow those established by this chapter.
(4) Expiration of previous approvals. All variances, special exceptions, and other applications regulated by this chapter that were approved prior to the effective date of this chapter and not executed through the proper receipt of an improvement location permit shall expire and become void one year following the effective date of this chapter.
(a) Construction approved, but not begun. All improvement location permits issued prior to the effective date of this chapter shall be void one year after their date of issue if construction has not begun.
(b) Construction begun, but abandoned. Improvement location permits issued prior to the effective date of this chapter for which construction has begun shall become void if construction is abandoned for a period of 12 consecutive months or if, in the opinion of the Planning Director, construction has otherwise ceased.
(c) Re-issued approvals. All approvals which expire and/or become void shall comply with this chapter if re-issued.
(B) Amendments. The following process and decision criteria shall apply to the amendment of this chapter.
(1) Amendment process. In accordance with I.C. 36-7-4-602, the participating legislative bodies may amend or partially repeal the text of this chapter or they may amend the official zoning map of this chapter as follows:
(a) Zoning ordinance text amendments. Any participating legislative body or the Plan Commission may initiate a proposal to amend or partially repeal the text according to the procedures of I.C. 36-7-4-602(b) and the adopted Plan Commission rules and procedures.
(b) Official zoning map amendments. Any participating legislative body, the Plan Commission, or at least 50% of the affected property owners may initiate an application to change the official zoning map according to the procedures of I.C. 36-7-4-602(c), the adopted Plan Commission Rules and Procedures, and the requirements of §§ 156.010 et seq.
(2) Decision criteria. In its review of the text and zoning map amendment proposals, the Plan Commission and appropriate legislative bodies shall consider, consistent with I.C. 36-7-4-603:
(a) The most recently adopted Comprehensive Plan;
(b) Current conditions and the character of 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 throughout the Plan Commission's jurisdiction; and
(e) Responsible development and growth.
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
Decision criteria, see I.C. 36-7-4-603
Ordinance amendments, see I.C. 36-7-4-602(b)
Zoning map amendments, see I.C. 36-7-4-602(c)
Cross reference:
Administration generally, see §§ 156.010 et seq.
Plan Commission powers and duties, see § 156.012