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(A) Common Council may amend this chapter. Whenever the public health, safety, comfort, morals, convenience or general welfare or good zoning practice require, the Common Council may by ordinance, after recommendation thereon by the Plan Commission and subject to the procedure provided in this section and I.C. 36-7-1 et seq., amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this chapter or amendments thereof. It shall be the duty of the Plan Commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the Plan Commission or by a petition of the owners of 50% or more of the area proposed to be changed or affected by this chapter.
(B) Considerations for amendments. In preparing and/or considering amendments to this chapter, the Plan Commission and Common Council shall consider the following during deliberations:
(1) The Comprehensive Plan;
(2) Current conditions and the character of current structures and uses in each district;
(3) The most desirable use for which the land in each district is adapted;
(4) The conservation of property value throughout the jurisdiction; and
(5) Responsible development and growth.
(C) Amendment procedures. Petitions for any change of the regulations or of district boundaries or classifications of property as shown on the zoning map shall be submitted to the designated staff upon such forms, and accompanied by such data and information as may be prescribed for that purpose, so as to assure the fullest practicable presentation of facts for the permanent record. Each application for a change in zoning shall, when made in conjunction with a proposed development, adhere to the provisions of § 154.25. Each such petition for a change of district boundaries or a reclassification of property submitted by property owners shall be verified by at least one such owner attesting to the truth and correctness of all facts and information presented with the petition. Petitions for amendments submitted by the Plan Commission shall be accompanied by its own resolution pertaining to such proposed amendment.
(1) Notification and hearing. Before submitting its recommendations on a proposed change of the regulations or reclassification of property to the Common Council, the Plan Commission shall hold a public hearing thereon, notice of which shall be given as required in I.C. 36-7-4-604.
(2) Recommendation to Common Council. Following such hearing, the Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning change requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified to the Common Council.
(3) Common Council; final action.
(a) Following review of the recommendations of the Commission thereon, the Common Council shall consider such recommendations and vote on passage of the proposed amendment to the text of the ordinance or to the Zoning Map. In the event the report of the Plan Commission is adverse to a proposed change referred to it, the amendment shall not be passed except by an affirmative vote of at least a majority of the members of the Common Council.
(b) Failure of the Common Council to pass the proposed amendment with the affirmative vote within 90 days after its rejection by the Plan Commission shall constitute rejection of the proposed amendment, and it shall not be reconsidered by the Plan Commission or the Common Council until the expiration of one year after the date of its original rejection by the Plan Commission.
(Ord. 99-14, passed 12-20-99; Am. Ord. 1-2001, passed 3-5-01; Am. Ord. 16-2003, passed 11-17-03)