(A) Amendments.
(1) Zoning map (rezoning).
(a) Initiation. Map amendments may be initiated by the owners of 50% or more of the area involved in the petition, by the Plan Commission, or by the City Council.
(b) Criteria. In preparing and considering proposals to amend the zoning ordinance, the Plan Commission and City Council shall pay reasonable regard to the following matters in accordance with state law (I.C. 36-7-4-603):
1. The comprehensive plan;
2. Current conditions and the character of current structures and uses in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the jurisdiction;
5. Responsible development and growth.
(c) Procedure.
1. The Plan Commission shall give notice and hold a public hearing on each proposed amendment. Notice shall be given in a manner prescribed in the Commission Rules of Procedure to interested parties as defined in those rules. After the hearing, the Plan Commission may make a favorable, unfavorable, or no recommendation to the City Council.
2. The City Council shall consider the recommendation, if any, of the Plan Commission before acting on a proposal to amend the zoning map. The City Council shall approve or deny the request as provided by Indiana law.
(2) Text amendments.
(a) Initiation. Text amendments may be initiated by the Plan Commission or by the City Council.
(b) Criteria. The criteria for text amendments shall be the same as those set forth in (A)(1)(b).
(c) Procedure.
1. The Plan Commission shall give notice and hold a public hearing on each proposed amendment as set forth in I.C. 5-3-1. After the hearing, the Plan Commission may make a favorable, unfavorable, or no recommendation to the City Council.
2. The City Council shall consider the recommendation, if any, of the Plan Commission before acting on a proposal to amend the text of the zoning ordinance. The City Council shall approve, reject, or amend the proposal as provided by Indiana law. (See (B)(1)).
(3) Written commitments. When considering an amendment to the zoning map, the Plan Commission shall require the petitioner to submit written commitments, as specified in I.C. 36-7-4-615, which restrict the use(s) and/or developmental standards of the proposed zoning district. If the applicant seeking the rezoning proposes any improvements to the real estate, then the written commitments shall specify a timeline for installation of any such improvements that are being proposed. In the event that the improvements are not installed as specified, the ordinance shall not take effect and shall be considered null and void. As a condition of approval, the Plan Commission or the City Council may also require appropriate financial guarantees to insure the timely completion of any proposed public improvements related to the proposed zoning district.
(a) Initial rezoning. Written commitments in addition to those submitted by the petitioner may also be initiated by the Plan Commission, or by the City Council.
(b) In approving written commitments, the City Council shall include a requirement that such commitments may not be modified by the Plan Commission without the City Council’s consent.
(c) Modifications or termination of commitments after initial zoning. The Plan Commission may modify or terminate written commitments relating to the development standards after notice is provided in accordance with the Plan Commission rules of procedure. The modification may be initiated by the owner of the property, by the commission, or by the City Council. The modification must be forwarded to the City Council for final action.
(d) Modifications or termination of commitments involving permitted uses may be allowed only through the same procedure as the initial rezoning. In approving, modifying, or terminating commitments, the Plan Commission shall consider the factors listed in (B).
(e) The written commitments shall be recorded in accordance with the I.C. 36-7-4-615. Recorded commitments are binding on the owner of the parcel, a subsequent owner of a parcel, and any person who acquires an interest in the parcel. An ordinance amending the zoning map that includes written commitments shall not be effective until the commitments are recorded. After the ordinance is adopted and the commitments are recorded, the zoning map shall be amended to indicate the new district designation with the letter "C" appended to indicate that commitments accompany the district designation.
The commitments must be recorded within 90 days after the City Council adopts the amendment, unless the Plan Commission grants an extension. In the event the commitments are not recorded within the specified time, the ordinance shall not take effect and shall be considered null and void.
(f) An improvement location permit shall not be issued for any property subject to written commitments unless the use and development on the property comply with the recorded written commitments.
(g) Any violations associated with written commitments are subject to the penalties in § 157.999.
(B) Overlay zones.
(1) General.
(a) Overlay zones may be established by the Seymour City Council in the same manner as an amendment to the Zoning Map. In addition to the rezoning criteria contained in § 157.049, the City Council shall determine that the overlay district accomplishes the following:
1. Protects resources of community value that have been established by the Seymour Comprehensive Plan;
2. Retains and does not repeal or in any respect alter the provisions and requirements of any other applicable local, state or federal regulations.
(b) In order to establish the boundaries of an overlay district, the Plan Commission shall conduct a survey that identifies the features the district is intended to protect and recommends the boundaries of the area to be included in order to accomplish the purposes of the district.
(c) In the event that the overlay district no longer meets the purpose, intent and criteria of this chapter, the City Council may remove the overlay district in the same manner as an amendment to the Zoning Map.
(2) U.S. 50 Highway corridor overlay zone.
(3) Traditional neighborhood overlay zone.
(4) Historic overlay zones.
(C) Variances.
(1) General.
(a) The Board of Zoning Appeals shall grant a variance from the terms of this chapter only if all applicable criteria are met.
(b) Variance applications shall be filed in accordance with the BZA Rules of Procedure.
(c) Whenever the decision of the Board is conditioned upon the petitioners compliance with a requirement imposed by the Board concerning construction or site development (e.g., installation of landscaping, fencing, paving, curb stops or any comparable requirement) and such condition is recited in the notice to the petitioner of the Board's decision, petitioner shall be required to notify the staff in writing of the timely fulfillment of such requirement. If the time for fulfillment of the condition is stated in the Board's decision, the written notification must be received within 90 days after the commencement of the use or completion of construction authorized by the Board's decision, whichever is earlier.
(d) Failure to comply with any conditions imposed by the Board of Zoning Appeals shall constitute a violation enforceable by governmental authority pursuant to the provisions of § 157.999.
(e) If it deems advisable, the Board may require or permit the petitioner to make written commitments concerning the use or development of
the subject property. The commitments shall be reduced to writing in recordable form and signed by the owner(s) of the real estate. The commitments shall authorize their recording by the Administrative Official in the office of the Recorder of Jackson County, Indiana.
(f) The Board may require in such commitment the designation of any specially affected persons or categories of specially affected persons, who shall be entitled to enforcement thereof pursuant to § 157.999.
(g) The commitments may be modified or terminated by a decision of the Board of Zoning Appeals made at public hearing after proper notice has been given. Any modification or termination of the commitments approved by the Board shall not be in full force and effect until reduced to writing by the present owner(s) of the real estate, endorsed by the Board, and recorded in the office of the Recorder of Jackson County, Indiana.
(2) Use variance. The BZA may grant a request for a use variance only if all of the following criteria are met:
(a) The approval will not be injurious to the public health, safety, and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The need for the variance arises from some condition peculiar to the property involved;
(d) The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(e) The approval does not interfere substantially with the Comprehensive Plan.
(3) Development standards variance. The BZA may grant a request for a development standards variance only if all of the following criteria are met:
(a) The approval will not be injurious to the public health, safety, and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property; and
(d) The variance granted is the minimum necessary and does not correct a hardship caused by an owner, previous or present, of the property.
(4) Conditions and commitments. The Board may require all such conditions and commitments as it deems necessary in the public interest. Such conditions and commitments shall be subject to the requirements of § 157.027.
(5) Notice and hearing. The BZA shall give notice and hold a public hearing as required by Indiana law and in accordance with the Board's Rules of Procedure.
(6) Findings of fact. The Board shall make written findings of fact on all applicable criteria and shall provide the applicant with a copy of the findings.
(Ord. 17, 2006, passed 11-27-2006; Am. Ord. 11, 2010, passed 8-23-2010)