A. PROCEDURE.
1. Prior to any amendment of this Ordinance, the Plan Commission shall give notice by publication and hold a public hearing on the proposed ordinance change, or amendment.
2. A petitioner who seeks to amend the zoning or other Comprehensive Plan elements shall file such petition in the office of the Zoning Administrator.
3. Two (2) copies of such petitions and plats must be filed with the Zoning Administrator at least twenty (20) calendar days prior to the next regular meeting of the Commission. Petitions filed too late to comply with this section shall be heard at public hearing at the succeeding regular meeting of the Commission. The purpose of this section is to enable the members to examine and study the pending petitions and to conduct any investigation deemed advisable.
4. All such petitions not initiated by the Commission itself shall be accompanied by a filing fee in an amount established by the Plan Commission to defray the administrative and investigative expenses of the Commission. In addition, the petition must contain:
a. Subject of the petition,
b. Name and address of the petitioner,
c. Name and address of the property owner,
d. A legal description of the property and a common description,
e. A statement as to the present zoning of the property,
f. A statement as to any covenants running with the property relative to the petition,
g. If the property owner is not the petitioner, a letter of consent from the owner must be submitted,
h. Any other information reasonably required by the Administrator.
5. If the Zoning Administrator finds that the petition is in good order with sufficient information, he will set a time and place for holding a public hearing.
6. The petitioner's responsibility in reference to notification for public hearing is as follows:
a. Once the petition has been accepted for public hearing by the Zoning Administrator, interested parties shall be notified of the time and place of the public hearing. This shall be done by certified letter with return receipt requested at the expense of the petitioner. At the public hearing the petitioner shall provide proof that he has conformed to the above.
b. At least ten (10) days prior to the date set for the hearing, the petitioner shall publish in a newspaper of general circulation, in the Town, the notice of time and place of hearing. The form of notice shall be approved by the Plan Commission.
c. The petitioner shall place a sign, stating the nature of the petition and the date, time and place of public hearing to be placed in a prominent location on the petitioned site. The location of the sign shall be at the option of the Zoning Administrator, but shall be not more than twenty-five (25) feet from the front property line.
7. The Zoning Administrator shall accept no petition unless accompanied by or included with all information, data, statistics, and/ or plats, which the Zoning Administrator may, in his discretion, deem necessary for an intelligent determination by the Commission.
8. Conduct of Hearing - The conduct of a public hearing shall be as established in the Plan Commission's Rules of Procedure.
9. In preparing and considering proposals to amend the text or maps of this Zoning Ordinance, the Plan Commission and the Town Council shall consider:
a. The Comprehensive Plan;
b. Current conditions and the character of current structures and uses in each district;
c. The highest and best use for which the land in each district is adapted;
d. The conservation of property values throughout the jurisdiction; and
e. Responsible development and growth.
10. All petitioners must share the burden of proving the following points to the satisfaction of the Commission:
a. That there was an error in the original zoning of the property when the ordinance was adopted or that the character of the area under consideration has changed either through technological advances or developmental changes.
b. That a change of zoning will not be injurious or detrimental to the surrounding property values.
c. That if the change was granted it would promote orderly community growth.
d. That the petition is not "spot zoning" which will confer a special benefit on a relatively small tract without commensurate benefit to the community.
11. Upon having satisfied itself that the petitioner has met the requirements of Section 3.01 above, the Commission shall then decide whether or not the proposed change meets the following requirements:
a. That the proposed change will not adversely affect the community.
b. That the neighborhood will not be disrupted or destroyed.
c. That the topography, soil condition, and other physical features of the land involved is suitable for the proposed use and zoning change.
d. That the proposed land use will not have an adverse effect upon the surrounding land.
e. That the proposed land use will be in general conformance with the Town's Comprehensive Plan.
B. FINAL DISPOSITION OF PETITION.
1. The final disposition of any petition shall be in the form of an order setting forth the findings and determination of the Commission together with any modification, specification, or limitation which it makes. The Zoning Administrator shall provide a true copy of each order to all petitioners within ten (10) days of final disposition.
2. The Commission may dismiss a petition for want of prosecution or lack of jurisdiction. When a petitioner has failed to appear at a meeting for which his case has been placed upon the official docket, the case may be dismissed for want of prosecution.
3. A petitioner may not withdraw a petition after a roll call vote has been called by the President or requested by the Commission.
4. A petition, which has been withdrawn by the petitioner, shall not be again placed on the docket within a period of three (3) months after the date of withdrawal.
5. A petition, which has been decided adversely to the petitioner, shall not again be placed on the docket for consideration until six (6) months after the date of decision previously rendered.
6. All petitions shall be forwarded to the Town Council for further action.
7. When an amendment to the zoning map is approved, such amendment shall be incorporated into the official zoning map maintained by the Town of New Palestine.
8. When an amendment to the zoning text is approved, such change shall be incorporated into the official document according to the numbering system established with this Ordinance.
9. A proposal to the Plan Commission requesting amendments to the text and maps of the Zoning Ordinance shall be subject to written commitments adopted as set forth in Section C below.
C. WRITTEN COMMITMENTS REGARDING AMENDMENTS TO THE TEXT AND MAPS OF THE ZONING ORDINANCE.
1. Written commitments may be requested or submitted by the Plan Commission, or interested parties that were entitled to receive notice per Title 9, Chapter 90, Section 3.01(A)(6)(a), and as set forth in the Rules of Procedure for the New Palestine Advisory Plan Commission. By permitting or requiring written commitments, the Town of New Palestine Advisory Plan Commission does not obligate itself to approve or deny any such request and specifically reserves the right to approve or disapprove any proposed commitment, modification or termination of a written commitment taking into account the same considerations as set forth in Title 9, Chapter 90, Section 3.01(A)(9), (10) and (11). The acceptance or approval of written commitments does not affect the validity of any covenant, easement, equitable servitude, or other land use restrictions created in accordance with law.
2. Procedures.
a. Written commitments are required to be reviewed by the Plan Commission, for recommendation to the Town Council, as related to annexation requests, amendments to the text and map of the Zoning Ordinance, or as part of the subdivision of real estate as regulated by I.C. 36-7-4-700 series.
b. In all cases, written commitments are required to be submitted to the Zoning Administrator a minimum of ten (10) days prior to the date of the Plan Commission hearing. Written commitments are required to be submitted in the form supplied by the Zoning Administrator.
c. Written commitments shall be recorded in the office of the county recorder and take effect upon approval of the proposal. An unrecorded commitment is binding on the owner of the parcel. An unrecorded commitment is binding on a subsequent owner of the parcel or a person acquiring an interest in the parcel only if the subsequent owner or person acquiring the interest has actual notice of the commitment.
3. Enforcement. Written commitments shall be binding on the owner, subsequent owners of the real estate and other persons acquiring an interest therein.
Written commitments may be enforced jointly or severally by:
a. The Town of New Palestine Advisory Plan Commission.
b. Owners of all parcels of ground adjoining the real estate to a depth of two (2) ownerships, but not exceeding six hundred sixty (660) feet from the perimeter of the real estate, and all owners of real estate within the area included in the petition who were not petitioners for the rezoning or approval. The identity of owners shall be determined from the records in the offices of the Assessors of Hancock County which list the current owners of record.
c. Any person, party, neighborhood association, or entity who demonstrates to the Plan Commission an interest in being a party to the written commitments.
d. The Town Council of New Palestine, Indiana.
4. Modification or Termination - Written commitments may be modified or terminated only by the Town Council of New Palestine upon a recommendation from the Plan Commission made at a public hearing after proper notice has been given. A request to modify or terminate commitments made during a land use hearing must be made in writing to the Zoning Administrator, to be submitted for hearing on the next available agenda, after proper notice has been given. The Plan Commission may consider a recommendation to modify written commitments taking into consideration the elements set forth in Title 9, Chapter 90, Section 3.01(A)(9), (10) and (11).
5. A written commitment automatically terminates after the adoption of the proposal, if:
a. The zone map applicable to the parcel is changed, or
b. The parcel is designated as a planned unit development district.
(Am. Ord. 012109, passed 2-18-2009)