§ 154.285 AMENDING ZONING CODE, SEEKING SPECIAL EXCEPTION; PROCEDURE; FEE.
   (A)   Application of I.C. 36-7-4-100 et seq. The regulations, restrictions, and boundaries provided for in this chapter may from time to time be amended or appealed, as provided in I.C. 36-7-4-100 et seq.
   (B)   Petition. Any petition for amendment shall be accompanied by:
      (1)   A legal description and a plat of survey, certified by a state registered land surveyor, showing all dimensions of the property being petitioned;
      (2)   A certified list of names and addresses (as determined from the most current property tax rolls) of all owners of land immediately adjacent to, or across any street or alley from, the property being petitioned. The certified list shall be certified by a title Company, Township Tax Assessor, or a County Auditor; and
      (3)   An application field at the Plan Commission Office on forms supplied by the Commission and in addition, shall include exhibits, material, agency comments, and information required by and specified on the forms.
   (C)   Notice.
      (1)   Notice of all petitions, applications, or matters shall be given by the Planning Staff as follows:
         (a)   By publication in accordance with I.C. 5-3-1;
         (b)   To the applicant/petitioner in writing, by means of regular United States mail, postage prepaid, addressed to the applicant/petitioner at the address listed in the application/petition; and
         (c)   To all adjacent property owners, in writing, addressed to them at their last known address as listed on the real estate master file maintained by the County Auditor.
      (2)   The written notice shall be given at least ten days prior to the date of the hearings, and shall contain a general description of the real estate involved, and the nature of the application, petition or matter to be heard, as well as the date, time, and place of the hearing.
      (3)   The Planning Staff may, but is not required to, give such additional notice as, in their discretion, they may deem necessary or advisable under the facts and circumstances of a particular application or petition.
   (D)   Filing fee. Any petition to the Board of Zoning Appeals for a special exception shall be accompanied by a filing fee of $200 plus $10 per acre or any portion thereof, which shall be payable to the County Treasurer.
      (1)   Any petition to the legislative body for an amendment to this subchapter and map, except when initiated by the Commission or the legislative body shall be accompanied by a filing fee of $200 for agricultural and residential amendments; $400 plus $25 per acre or any portion thereof for multi-family, commercial or industrial amendments, which shall be payable to the County Treasurer.
      (2)   No part of any fees collected in accordance with this section shall be returnable to the petitioner.
(Prior Code, § 154.285) (Ord. passed 4-15-1957; Ord. 1215, passed 7-24-1984; Ord. 1296, passed 6-14-1988; Ord. 1500, passed 12-8-1992; Ord. 1564, passed 1-11-1994)