§ 152.120  ZONING AMENDMENTS.
   (A)   Initiation. Amendments to this chapter may be initiated in one of the following ways:
      (1)   By adoption of a motion by the Plan Commission;
      (2)   By adoption of a resolution by the Town Council;
      (3)   By filing of a petition of at least 50% of the owners of property within the area proposed to be changed or affected by the amendment.
   (B)   Contents of application. Application for amendments to the zoning ordinance shall contain at least the following information:
      (1)   Name, address, and phone number of applicant;
      (2)   Any application filed by any person other than the legal owner of the real estate involved shall be accompanied by a written statement of such legal owner consenting to the filing of such application;
      (3)   Present use;
      (4)   Present zoning district;
      (5)   Proposed zoning district;
      (6)   A vicinity map showing property lines, thoroughfares, existing and proposed zoning, and other items which the Zoning Administrator may require;
      (7)   A list of all property owners and their mailing addresses for all adjoining parcels of land to a depth of two ownerships or 250 feet, whichever is greater, of the exterior boundaries of the area proposed to be rezoned or redistricted, as well as a list of all parcels of land that are within the area included in the petition whose owners are not petitioners, and others that may have substantial interest in the case;
      (8)   A statement of how the proposed amendment relates to the town's comprehensive plan.
   (C)   Public hearing by Plan Commission. The Plan Commission shall schedule a public hearing after a petition is received. The hearing shall not be less than 20 nor more than 40 days from the date of adoption of such motion, transmittal of such resolution, or the filing of the application.
   (D)   Notice of public hearing. Notice of public hearing shall include the following:
      (1)   At least 15 days prior to holding the public hearing, notice of the hearing shall be given in one or more newspapers of general circulation in the town, and posted at the Town Hall.
      (2)   The notice shall state:
         (a)   The time and place of the hearing;
         (b)   Either the geographic areas (or zoning districts in a specified geographic area) to which the proposal applies, if the proposal is a text amendment; or the geographic area that is the subject of the zone map change, if the proposal is a zone map change;
         (c)   Either a summary of the subject matter contained in the proposal that describes any new or changed provisions, if the proposal is a text amendment; or a description of the proposed change in the zone maps, if the proposal is a zone map change;
         (d)   If the proposal contains or would add or amend any penalty or forfeiture provisions, the entire text of those penalty or forfeiture provisions;
         (e)   The place where a copy of the proposal is on file for examination before the hearing;
         (f)   That written objections to the proposal that are filed with the secretary of the Plan Commission before the hearing will be considered;
         (g)   That oral comments concerning the proposal will be heard; and
         (h)   That the hearing may be continued from time to time as may be found necessary.
      (3)   The Commission shall require the initiator(s) of the petition to bear the cost of the public notice.
   (E)   Notice to parties in interest. Notice to parties in interest shall include:
      (1)   If the proposed amendment intends to alter, rezone, or redistrict any parcel of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the initiators) of a petition by certified mail, return receipt requested, in a form which meets the Board's requirement at least 15 days prior to the day of the hearing to the owners of all adjoining parcels of land to a depth of two ownerships or 250 feet, whichever is greater, of the exterior boundaries of the area proposed to be rezoned or redistricted, and to the owner of all parcels of land within the area included in the petition, who are not petitioners. For the purpose of notification of parties in interest, where any such adjacent parcels of land are owned by petitioner, the subject property shall be deemed to include adjacent land owned by petitioner;
      (2)   All cost for required notice to parties in interest shall be borne by the initiator of petition;
      (3)   A verified written statement that all parties in interest have been mailed a written notification as set out in (1) above shall be submitted by the petitioner prior to final action being taken on the petition;
      (4)   Failure of a person to receive notice shall not invalidate the amendment;
      (5)   If division (1) above does not apply to a proposed amendment, due notice to interested parties shall be satisfied by the publication otherwise required under I.C. 36-7-4-604 and division (D) above of this section.
   (F)   Recommendation by Plan Commission. Within 60 days from the receipt of the proposed amendment, the Plan Commission shall transmit its recommendation to grant, modify, or deny the request to the Town Council. After receipt of recommendations from the Plan Commission the Town Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property whenever the public welfare of good zoning practices require.
   (G)   Approvals. After the public hearing, the Town Council shall either adopt or deny the recommendation of the Plan Commission of some modification thereof, consistent with the requirements of I.C. 36-7-4.
   (H)   Effective date. An amendment adopted by the Town Council shall become effective immediately upon adoption and approval of the Town Council.
(Ord. 172, §§ 4-100 - 4-107, passed 4-5-90; Am. Ord. 267, passed 6-28-99; Am. Ord. 311, passed 2-18-02)