(A) Purpose. The purpose of this section is to provide standards and procedures for making amendments to the text of this ordinance and the official zoning map that are of general significance or application. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.
(B) Authority. The text of this ordinance and the official zoning map incorporated by reference into this unified development ordinance may be amended as necessary by the passage of a petition duly adopted by Common Council in accordance with I.C. 36-7-4-602 and with the procedures set forth herein.
(D) Parties entitled to initiate amendments.
(1) The Common Council or the Plan Commission may, as necessary, initiate a proposal to amend, supplement or change the text of this ordinance and the official zoning map. The Administrator shall serve as the representative of the applicant for the proposals.
(2) Petitions, duly signed by the owners of 50% or more of the area involved, may be used to initiate a proposal to amend or change the official zoning map.
(3) Any proposed ordinance for the amendment, supplement, change or repeal of the zoning ordinance not originating from petition of the Plan Commission shall be referred to the Plan Commission for consideration and report before any final action is taken by the Common Council.
(E) Standards for amendments. In making their determination of whether to adopt or deny, or to adopt some modification of the Plan Commission’s recommendation, the Common Council should consider, among other factors, the following:
(1) Whether the proposed amendment is consistent with the goals, objectives and policies of the comprehensive plan, as adopted and amended as necessary by the Common Council;
(2) Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property;
(3) Whether the proposed amendment is the most desirable use for which the land in the subject property is adapted;
(4) Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and
(5) Whether the proposed amendment reflects responsible standards for development and growth.
(F) Procedure for review and decision. A proposal to amend the text of the unified development ordinance or to amend the official zoning map shall be processed in accordance with the Plan Commission Rules of Procedure and as set forth below.
(1) Application, affidavit and consent. The applicant shall submit a rezoning application, affidavit and consent of property owner (if the owner is someone other than the applicant), to the City Plan Commission and/or Common Council, a copy of the deed for the property involved, the required filing fee and required supporting information. Supporting information shall include, but not be limited to the following:
(a) Site plan. A conceptual site plan showing all features relevant to the application. See § 9.16;
(b) Vicinity map. A vicinity map showing the use and zoning of all properties within 500 feet of the property subject to the rezoning request;
(c) 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 (§ 9.14) being made by the applicant; and
(d) Fiscal impact analysis. A fiscal impact analysis shall be required for rezones of property proposing 50 or more residential units.
(2) Notification. Notification for the scheduled Plan Commission public hearing regarding the rezoning request shall be completed consistent with the requirements of § 9.15 and the Rules of Procedures of the Plan Commission.
(3) Plan Commission public hearing.
(a) Public hearing. The Plan Commission will then, in a public hearing review the rezoning application and required supportive information.
(b) 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 Plan Commission might have.
(4) Testimony. The Plan Commission shall consider a report from the Administrator and testimony from the applicant, remonstrators, the public and interested parties at the hearing.
(5) Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules of Procedures of the Plan Commission.
(6) Possible Plan Commission action. The Plan Commission shall either forward the application to the Common Council 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 of subsection (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 of subsection (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 Administrator, 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 of Procedures of the Plan Commission.
(7) Certification to the Common Council. The Plan Commission shall certify its recommendation by resolution to the Common Council within ten business days of its determination (per I.C. 36-7-4-608). The Plan Commission staff shall forward to the Common Council 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 Council’s consideration.
(8) Common Council action. The Council will review the rezoning application and the materials forwarded from the Plan Commission. The Council may then take action on the application.
(a) Notification. The Council shall provide notification of action on the ordinance consistent with the State Code.
(b) Possible action. The Council may either approve or deny the ordinance. If the Council fails to act within the 90 days of the ordinance’s certification to the Council, the ordinance shall become effective or be defeated with the provisions of I.C. 36-74-608. The Common Council may also seek modifications or additions to any written commitments as per § 9.14.
(G) Decision criteria. In reviewing the rezoning application, the Plan Commission and Common Council shall consider the following:
(1) Comprehensive plan. The city 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 city’s planning jurisdiction; and
(5) Responsible growth. Responsible growth and development.
(Ord. 07-16, passed 12-10-2007)