The following procedure shall apply to all zoning map amendment ("rezoning") applications.
(A) Application initiation. Proposals for zoning map amendments may be initiated by either the Plan Commission, the appropriate participating legislative body, or through an application signed by property owners of at least 50% of the land involved.
(1) Legislative body initiation. The Plan Commission shall prepare the application for zoning map amendment if either the Commission or appropriate legislative body has initiated the application. The Planning Director shall serve as the representative of the applicant for such proposals.
(2) Property owner initiation. Any property owners requesting a zoning map amendment shall be the applicants and assume responsibility for preparing application materials.
(B) Application. The applicant shall submit a rezoning application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information to the Plan Commission. If the applicant is a legislative body, then submittal of the filing fee shall not be required. A Fiscal Impact Study (FIS) may be required in accordance with this chapter. Supporting information shall include, but not be limited to the following:
(1) Site plan. A conceptual site plan showing all features relevant to the application.
(2) Vicinity map. A vicinity map showing the use and zoning of all properties within 500 feet of the property subject to the rezoning request.
(3) Letter of intent. A letter of intent to the Plan Commission stating the reasons for the rezoning, including a detailed description of any proposed development for which the rezoning is sought. The letter should include any written commitments being made by the applicant.
(C) Notification. Notification for the scheduled Plan Commission public hearing regarding the rezoning request shall be completed consistent with the requirements of § 156.101 and the rules and procedures of the Plan Commission.
(D) Plan Commission public hearing. The Plan Commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates (but no later than 60 days following the receipt of the application per I.C. 36-7-4-608), review the rezoning application and required supportive information.
(1) Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any questions the Commission might have.
(2) Testimony. The Commission shall consider a report from the Planning Director and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(3) Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the Commission.
(4) Possible action. The Plan Commission shall either forward the application to the appropriate legislative body with a favorable recommendation, an unfavorable recommendation, or no recommendation; or continue the request.
(a) Favorable recommendation. The application shall be forwarded with a favorable recommendation if, by a majority vote of the Plan Commission, it is found to be consistent with the decision criteria listed in division (G) below. The recommendation may include commitments requested by the Plan Commission.
(b) Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if, by a majority vote of the Plan Commission, it is determined by the Plan Commission to be inconsistent with the decision criteria listed in division (G) below.
(c) No recommendation. The application may be forwarded with no recommendation if, by a majority vote of the Plan Commission, it is determined that the application includes aspects that the Plan Commission is not able to evaluate.
(d) Continued. The application may be continued by the Plan Commission based on a request by the Planning Director, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the Plan Commission that additional information is required prior to action being taken on the request.
1. Additional legal notice shall not be required unless specified by the Plan Commission.
2. The continuing of all applications shall be consistent with the adopted rules and procedures of the Plan Commission.
(E) Certification. The Plan Commission shall certify its recommendation by resolution to the appropriate legislative body within ten business days of its determination, (per I.C. 36-7-4-608. The Plan Commission staff shall forward to the appropriate legislative body appropriate copies of the Plan Commission resolution, the original application and all supporting information, any staff reports regarding the application, and an ordinance for the legislative body's consideration.
(F) Legislative body action. The appropriate legislative body will review the rezoning application and the materials forwarded from the Plan Commission. The appropriate legislative body may then take action on the application.
(1) Notification. The appropriate legislative body shall provide notification of action on the ordinance consistent with the Indiana Code.
(2) Possible action. The appropriate legislative body may either approve or deny the ordinance. If the appropriate legislative body fails to act within the 90 days of the ordinance's certification to the appropriate legislative body, the ordinance shall become effective or be defeated with the provisions of I.C. 36-7-4-608. The appropriate legislative body may also seek modifications or additions to any written commitments as described in division (H) below.
(G) Decision criteria. In reviewing the rezoning application, the Plan Commission and appropriate legislative body shall consider the following:
(1) Comprehensive plan. The Hancock County Comprehensive Plan and any other applicable, adopted planning studies or reports;
(2) Current conditions. The current conditions and the character of current structures and uses in each district;
(3) Desired use. The most desirable use for which the land in each district is adapted;
(4) Property values. The conservation of property values throughout Hancock County's planning jurisdiction; and
(5) Responsible growth. Responsible growth and development.
(H) Written commitments. The applicant in any rezoning application may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on, the subject property consistent with I.C. 36-7-4-615.
(1) Origin of commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, or in response to any modifications requested by the Plan Commission or appropriate legislative body.
(2) Consideration of commitments. All commitments shall be considered by the Plan Commission and the appropriate legislative body in the review of the application.
(a) Commitments shall be included as an element of the rezoning ordinance prepared by the Plan Commission following action taken at the public hearing.
(b) Any deletion, addition, or alteration of the written commitments proposed by the appropriate legislative body shall be referred back to the Plan Commission for consideration and included in a revised or affirmed recommendation regarding the application or may amend the written commitments and incorporate said written commitments within the rezoning ordinance.
(c) Any rezoning application shall include a commitment to properly control weeds until the site is completely developed.
(3) Documenting of commitments. Following final action being taken on the rezoning application, the rezoning ordinance, with any written commitments included, shall be recorded in the office of the Hancock County Recorder by the applicant and shall not be considered effective until so recorded. A copy of any recorded commitments shall be provided to the Planning Director at the time of application for any improvement location permit. No improvement location permit shall be issued for a permit application that does not comply with the written commitments.
(4) Enforcement of commitments. The written commitments shall be considered part of the rezoning ordinance binding on the subject property.
(a) The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or portion thereof.
(b) The written commitments shall be enforceable by the Plan Commission or appropriate legislative body consistent with the adopted provisions for the enforcement of any other aspect of this chapter, as described in §§ 156.115 et seq.
(c) The written commitments may be modified only through the zoning map amendment process described by this section.
(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2007-9B, passed 10-1-07)
Statutory reference:
Plan Commission certification, see I.C. 36-7-4-608
Written commitments, see I.C. 36-7-4-615
Cross reference:
Enforcement and penalties, see §§ 156.115 et seq.
Notice of public hearing, see § 156.101