(A) Purpose. The purpose of this section is to provide standards and procedures for making amendments to the text of this chapter and the 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 chapter and the Zoning Map may be amended from time to time by the passage of an ordinance duly adopted by the Common Council in accordance with the procedures set forth in this section.
(C) Parties Entitled to Initiate Amendments.
(1) Amendment to Text. Amendments to this chapter may be initiated by adoption of a motion of the Plan Commission or by adoption of a resolution by Common Council.
(2) Amendment to Zoning Map. Amendments to this chapter may be initiated by adoption of a motion of the Plan Commission; by adoption of a resolution by Common Council; or by the filing of a petition by at least 50% of the owners of property within the area proposed to be changed or affected by said amendment.
(D) Standards for Amendments. The wisdom of amending the text of this chapter or the Zoning Map is a matter committed to the sound legislative discretion of the Common Council and is not controlled by any one standard. In making their determination, however, the Common Council should, in determining whether to adopt or deny, or to adopt some modification of the Plan Commission's recommendation, 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 from time to time 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.
(E) Procedure for Review and Decision. A petition to amend the text of this chapter or the Zoning Map shall be processed in accordance with the procedures set forth below:
(1) Petitions. Petitions for amendment to this chapter shall be filed in accordance with the requirements of § 159.040.
(3) Plan Commission Action. Amendments shall be handled in accordance with applicable law. (See, e.g., the 600 series of IC 36-7-4 as the same may be amended.)
(4) Common Council Action. The Common Council shall either adopt or reject the recommendation of the Plan Commission or adopt some modification of the recommendation of the Plan Commission. Failure of the legislative body to pass the proposed amendment within 90 days after its rejection by the Plan Commission constitutes rejection of the proposed amendment; and the proposed amendment may not be reconsidered by the Plan Commission or legislative body until the expiration of one year after the date of its original rejection by the Plan Commission.
(5) Effective Date. Such amendment adopted by Common Council shall become effective immediately upon adoption and approval by the Plan Commission.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 44-10-23, passed 11-14-23)