The following procedure shall apply to all Zoning Map amendments (rezoning) applications.
(A) Application initiation. Proposals for Zoning Map amendments may be initiated by either the Plan Commission, the Town Council, or through an application signed by property owners of at least 51% of the land involved.
(1) Town Council initiation. The Plan Commission shall prepare the application for Zoning Map amendment if either the Commission or Town Council has initiated the application. The Administrative Officer 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(s) (if the owner is someone other than the applicant), to the Advisory Plan Commission and/or the Town 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:
(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 600 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 in recordable form being made by the applicant.
(4) Fiscal Impact Study. A Fiscal Impact Study (FIS) may be required in accordance with this chapter.
(C) 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 a complete application per I.C. 36-7-4-608 and all required materials), review the rezoning application and required supportive information.
(1) Notification. Notification for the scheduled Plan Commission public hearing regarding the rezoning request shall be completed consistent with the requirements of this chapter and the Rules and Procedures of the Plan Commission.
(2) 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.
(3) Testimony. The Commission shall consider a report from the Administrative Officer and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(4) 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.
(5) Possible action. The Plan Commission shall either forward the application to the Town 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 listed in this section. 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 this section.
(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 Administrative Officer or applicant; an indecisive vote wherein the item is essentially tabled, 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.
(6) Certification. The Plan Commission shall certify its recommendation by letter to the Town Council within ten business days of its determination (per I.C. 36-7-4-608). The Plan Commission staff shall forward to the Town 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 Town Council's consideration.
(D) Town Council action. The Town Council will review the rezoning application and the materials forwarded from the Plan Commission. The Town Council may then take action on the application.
(1) Notification. The Town Council shall provide notification of action on the ordinance consistent with Indiana State Code.
(2) Possible action. The Town Council may either approve or deny the ordinance, or return the petition to the Advisory Plan Commission. If the Town Council fails to act within the 90 days of the ordinances' certification to the Town Council, the ordinance shall become effective or be defeated with the provisions of I.C. 36-7-4-608. The Town Council may also seek modifications or additions to any written commitments in recordable form as described in this section.
(E) Decision criteria. In reviewing the rezoning application, the Plan Commission and Town Council shall consider the following:
(1) Comprehensive Plan. The 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 highest and best use for which the land in each district is adapted.
(4) Property values. The conservation of property values throughout the town's planning jurisdiction.
(5) Responsible growth. Responsible growth and development.
(F) Written commitments. The applicant in any rezoning application may make written commitments in recordable form 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 Town Council.
(2) Consideration of commitments. All commitments shall be considered by the Plan Commission and the Town Council 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 Town Council 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 in recordable form within the rezoning ordinance.
(c) Any rezoning application shall include a commitment to properly control weeds until the site is completely developed.
(3) Documenting 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 Administrative Officer 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 and in recordable form.
(a) The written commitments shall be binding on the owner(s) 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.
(c) The written commitments may be modified only through the Zoning Map Amendment process described by this chapter.
(Ord. 121410, passed 1-11-2011)