The following procedure shall apply to all zoning map amendment ("rezoning") petitions.
(A) Petition initiation. Proposals for zoning map amendments may be initiated by either the Plan Commission, the Town Council, or through a petition signed by property owners of at least 50% of the land involved.
(1) The Plan Commission shall prepare the petition for zoning map amendment if either the Commission or the Town Council has initiated the petition. The Planning Director shall serve as the petitioner for such proposals.
(2) Any property owners requesting a zoning map amendment shall be the petitioners and assume responsibility for preparing application materials.
(B) Application. The petitioner shall submit a rezoning application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to, the following:
(1) A site plan drawn to scale showing, at a minimum, all existing and proposed structures, setbacks, easements, rights-of-way, floodplains, trees with a diameter in excess of eight inches measured at chest height, and any other feature relevant to the petition.
(2) A letter of intent to the Plan Commission stating the reasons for the zoning map amendment, 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 petitioner.
(3) A letter verifying that proper waste disposal will be available to the property.
(a) For proposals using septic systems, a letter from the County Health Department shall be provided verifying that the any proposed new development makes appropriate use of the septic system and will be adequately served.
(b) For proposals using public sewers, a letter from the service provider shall be included verifying that any proposed new development will be served.
(1) Either the petitioner(s) or a representative of the petitioner(s) shall be present during the review to answer questions regarding the petition.
(2) Any revisions to the application materials or the proposal requested by the Committee shall either be addressed during the review meeting or through revised application materials submitted prior to the Plan Commission hearing. All revised submittals shall be submitted to the Planning Director in a timely manner as specified in the Plan Commission rules and procedures.
(D) Notification. Notification for the scheduled public hearing regarding the rezoning request shall be completed consistent with the requirements of the Indiana Code and the rules and procedures of the Plan Commission.
(F) 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), review the rezoning application and required supportive information.
(1) Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address any questions the Commission may have.
(2) The Commission shall consider a report from the Planning Director, testimony from the petitioner, and testimony from the public and interested parties at the hearing.
(3) 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) The Commission shall either forward the petition to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation, or table the request.
(a) The petition shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed in division (H) below.
(b) The petition shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed in division (H) below.
(c) The petition may be forwarded with no recommendations if, by a majority vote of the Commission, it is determined that petition includes aspects which the Commission is not able to evaluate.
(d) The petition shall be tabled consistent with the adopted rules and procedures of the Commission.
(F) Certification. The Plan Commission shall certify its recommendation by resolution to the Town Council. The Plan Commission staff shall forward to the Town Council appropriate copies of the Plan Commission resolution, the original application and all supportive information, any staff reports regarding the petition, and the applicable code for the Council's consideration.
(B) Town Council hearing. The Town Council shall hold a public meeting and vote on the proposed rezoning within 90 days of its certification by the Plan Commission.
(1) The Council shall provide notification of the public meeting consistent with the Indiana Code.
(2) The Council may either approve or deny the rezoning. If the Council fails to act within the 90- day time frame specified above, the rezoning shall become effective or be defeated consistent with the provisions of IC 36-7-4-608. The Council may also seek modifications or additions to any written commitments as described in division (I) below.
(H) Decision criteria. In reviewing the rezoning petition, the Plan Commission and Town Council shall pay reasonable regard to the following:
(1) The Comprehensive Plan and any other applicable, adopted planning studies or reports;
(2) The current conditions and the character of current structures and uses in each district;
(3) The most desirable use of which the land in each district is adapted;
(4) The conservation of property values throughout the town; and
(5) Responsible growth and development.
(I) Written commitments. The petitioner 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 IC 36-7-4-615.
(1) Written commitments may be proposed by the petitioner as an element of the initial submittal of application materials, as a response to comments made through the Planning Director, or in response to any modifications requested by the Plan Commission during the public hearing.
(2) All commitments shall be considered by the Plan Commission in its review of the petition. Commitments shall be included as an element of the rezoning prepared by the Commission following action taken at the public hearing.
(3) The Town Council shall consider the written commitments in its review of the rezoning application. Any deletion, addition, or alteration of the written commitments proposed by the Town Council shall be referred back to the Plan Commission for consideration and inclusion in a revised or affirmed recommendation regarding the application.
(4) Following final action being taken on the rezoning application, the rezoning code, written commitments included, shall be recorded in the office of the County Recorder.
(5) The written commitments shall be considered part of this chapter 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 consistent with the adopted provisions for the enforcement of any aspect of this chapter.
(c) The written commitments may be modified only through the zoning map amendment process described by this section. Any written commitment shall be terminated if the official zoning map applicable to the subject property is amended or if a zoning text amendment contradictory to the written commitment is adopted.
(Ord. 2013-02, passed 3-11-13)
Editor’s note:
IC 36-7-4-615 was repealed by P.L.126-2011, Sec. 68.