(A) A majority of the members of the Plan Commission shall constitute a quorum and action of the Commission is official if concurred by a majority of the members present at a regular meeting or properly called special meeting.
(B) Filing and docketing of cases for zoning amendments.
(1) Who may file. Amendments to the zoning ordinance proposing to change the zoning classification of a particular parcel or parcels of property may be proposed by the Plan Commission or by petition of the owners of property of 50% or more of the area involved in the petition.
(2) Filing on Commission's forms required.
(a) All petitions to the Commission shall be presented for filing on forms prescribed by the Commission in triplicate and shall include the exhibits, material and information required by and specified on said forms.
(b) Any communication purporting to be a petition not on forms prescribed by the Commission or not containing the information called for on the forms shall be regarded as a mere notice of intention to seek relief and shall be of no force or effect until it is made on and in the form required.
(3) Docket number. After determination by the Secretary of the Commission that a petition has been presented in proper form with all required exhibits and supporting documents, the petition shall be filed and numbered consecutively in the order of its filing. The docket numbers shall begin anew on January 1 of each year and for all cases shall be hyphenated with the number of the year and initial indicating the type of case, followed by the number of case as follows:
Plan Commission | docket number |
Petition for zoning ordinance amendments | 72-Z-1 |
Commissions, zoning, subdivision or other comprehensive amending ordinances | 72-AO-1 |
Petition for plat approval | 72-P-1 |
Petition for plat vacation or street vacation approval | 72-VAC-1 |
Other Commission resolutions | 72-R-1 |
(4) Related cases.
(a) A petition proposing a change to more than one zoning classification, but which involves contiguous or otherwise related property, shall be assigned, upon request by the petitioner, one docket number. A separate petition form shall be filed for each such zoning classification and the docket number assigned shall reflect each such separate classification as follows: 72-Z-1 (a), 72-Z-1 (b)
(b) A separate filing fee shall be paid for each such separate zoning classification. Such cases shall be consolidated for a single hearing and the petitioner may request that the related cases be voted or acted upon as a single case. It shall be within the discretion of the Commission to decide whether the cases shall be voted or acted upon as a single case.
(5) Filing fees. In order to cover the expense of advertising and processing petitions to be heard by the Commission, the following shall be paid by the petitioner at the time of filing the petition:
Petition for zoning ordinance amendment: $25
(6) Signature by attorney. An attorney licensed in Indiana may sign a petition for zoning ordinance amendment on behalf of a client. If requested, the attorney must be able to show evidence of authority at the time of hearing, unless, before the hearing, a written consent has been filed by the property owner.
(7) Docketing by Hearing Examiner. Within ten days after a petition has been filed, the Secretary of the Commission shall place the case on the docket for hearing before the Commission.
(8) Hearing. The hearing for each case shall be scheduled for hearing within 30 days from the date of the filing of the petition, unless otherwise requested by the petitioner.
(C) Notice and continuance.
(1) Notice by publication. When the Commission is required by law to publish in a newspaper of general circulation a notice before any hearing, the notice shall be published by the Commission at least ten days before the date set for the hearing.
(2) Additional notice by rezoning petitioners to owners of adjoining land.
(a) Additional notice of each rezoning petition shall be given by the petitioner by registered, certified or first class mail at least 14 days before the date of the hearing (on a form prescribed by the Commission) to the owners of all adjoining parcels of ground to a depth of two ownerships but not to exceed 660 feet from the perimeter of the property being rezoned and to all owners of property within the area included in the petition who are not petitioners. Provided, nothing herein shall require a petitioner to give notice to owners of land outside the town limits.
(b) For the purpose of determining the names and addresses of legal title owners, the records in the bound volumes of the most recent real estate tax assessment records as they appear in the offices of the various Township Assessors of the county shall be deemed the true names and addresses of persons entitled to notice.
(c) The notice shall state:
1. The docket number and substance of the petition;
2. The general location by address or other identifiable geographic characteristic of the subject property;
3. The name of the petitioner and developer, if known;
4. The time and place the petition has been set for hearing;
5. That the petition and file may be examined in the office of the Town Clerk; and
6. That the legal description of the property is in the file in the office of the Town Clerk.
(d) The notice requirements of this division (C)(2) shall be applicable to all petitions for rezoning except those initiated by the Commission, in which latter instance the Commission shall determine the notice requirements, if any.
(3) Defective process. If proper additional notice pursuant to division (D)(2) of this section has not been given, the Commission may continue the case until a later date to allow time for the unnotified person to prepare for the hearing. Personal appearance shall waive defect in personal notice unless the defect in notice is raised in a timely way before the beginning of the hearing.
(4) Affidavit of notice. The petitioner or the petitioner's attorney shall furnish evidence of compliance with the notice requirements by filing a notarized statement with the Commission listing the names and addresses of property owners to whom notice was sent by certified, registered or first class mail. The notarized statement shall be filed with the Commission at least five business days before the date of the hearing.
(5) Continuance. No continuance shall be granted any party except for good cause shown.
(D) Public hearings.
(1) Time and place of public hearings. Regular meetings and public hearings of the Commission shall be held in the Town Hall at 7:00 p.m. on the first Monday of each month. If the regular meeting day falls on a legal holiday, the meeting shall be held on the following day which is not a legal holiday.
(2) Special meetings. Special meetings may be called by the president or by two members of the Commission, upon written request to the Secretary, who shall send to all members thereof at least two days in advance of a special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if the time of the special meeting if fixed at a previous regular meeting.
(3) All meetings and hearings public. All regular or special meetings and hearings of the Commission, committee or Hearing Examiner shall be open to the public.
(4) Written appearances. Any person interested in any case shall have the right to enter a written appearance in the case, indicating the name of the person appearing, any attorney or agent appearing on behalf of the interested party and the address and telephone number of the party appearing or the an attorney or agent. The Commission shall prepare and make available appropriate forms for such purpose or the person interested may file the information in any form desired, provided the foregoing information is provided. The filing of the case shall be deemed as an appearance therein by the petitioner and his attorney or agent.
(5) Time allowed and procedure for hearing cases.
(a) Petitioners and remonstrators, respectively, shall be permitted a total of 20 minutes each for the presentation of evidence, statements and argument at the public hearing of every case unless for good cause shown a party in interest requests additional time, which request, if reasonably made, shall not be unreasonably withheld.
(b) The procedure of presentation shall be as follows:
1. Petitioners and persons appearing in support of the case being heard shall first have 15 minutes for the presentation of evidence, statements and argument in support of the matter being considered. A reasonable additional time shall then be allowed for cross-examination and redirect examination of the petitioner's witnesses.
2. Remonstrators and persons appearing in opposition to the case then shall have 20 minutes for the presentation of evidence, statements and argument in opposition to the matter being considered. A reasonable additional time shall be allowed for cross-examination and redirect examination of the remonstrators' witnesses.
3. The petitioner then shall have five minutes for rebuttal, which shall include only evidence, statements and argument in rebuttal of remonstrators' evidence and a brief closing statement.
(c) The presiding chairman shall have authority to cut off repetitious or irrelevant testimony and also shall have authority to extend the 20-minute periods specified above, where appropriate, in the interest of affording to all interested parties a fair hearing.
(6) Orderly conduct required. Every person appearing at hearings shall abide by the order and directives of the presiding officer. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Commission and shall be dealt with by the presiding officer as the presiding officer deems fair and proper.
(7) Any party may appear in person, by agent or by attorney. At all hearings, any party may appear in person, by agent or by attorney. An attorney representing any party, petitioner or remonstrator may testify as to fact of which has particular knowledge relating to the issues of the case, but in so testifying the attorney shall be sworn and subject to cross-examination, as are other witnesses.
(8) Contacting any Commission member regarding a pending case prohibited. No person, firm, corporation, public employee or body politic shall contact any member of the Commission orally or in writing in advance of a public hearing in a pending case in an effort to influence the person.
(9) Disqualification in case of personal or financial interest. A member of the Commission who has some personal or financial interest in any case presented shall disqualify himself insofar as the particular case is concerned and shall not participate in the hearing and decision in the case.
(10) Amendments. Requests to amend any written and/or supporting documents may be filed in writing before or at the beginning of any hearing and/or made orally at the hearing. Any remonstrators present shall have the right to be heard on any objections they may have to such proposed amendment. It shall be within the discretion of the Commission to grant or deny requests for amendments and to require renotification in compliance with division (C) above, provided, any proposed amendment to change the zoning classification shall be redocketed and re-advertised unless the proposed change is a use allowed in the zoning classification originally petitioned for. Further, in case of redocketing and re-advertising, the petitioner shall pay an additional filing fee of $ .
(11) All testimony under oath. All testimony before the Commission, committee or Hearing Examiner shall be given under oath or affirmation.
(12) Retention of exhibits. All exhibits, whether submitted by a petitioner or remonstrator, shall become the property of the Commission and shall remain and become a part of the case in which the exhibits were submitted.
(E) Final disposition of cases.
(1) Dismissal of cases. The Commission may dismiss a case for lack of prosecution or lack of jurisdiction.
(2) Withdrawal of cases. No case may be withdrawn by the petitioner after a vote has been ordered by the presiding officer. No case which has been withdrawn by the petitioner shall again be placed on the docket for consideration within a period of three months from the date of the withdrawal, except upon motion to permit redocketing, adopted by the affirmative vote of a majority of the members of the Commission who are entitled to vote.
(3) Redocketing following adverse decision. No case which has been decided against the petitioner shall placed on the docket for consideration by the Commission again within six months from the date of the adverse decision, except upon motion to permit redocketing adopted by the determination of the majority of the members of the Commission, whichever the case may be, who are entitled to vote.
(4) Redocketing following indefinite continuance. Any case in which the hearing has been continued indefinitely may again be placed on the docket for consideration by the Commission upon written request filed within one year from the date of the continuance and renotification in compliance with the notice requirements of division (C) above. Any such case which has not been redocketed as provided herein shall be dismissed for lack of prosecution.
(5) Zoning ordinances; adoption by the Town Council after approval by the Commission.
(a) Certification. If a zoning ordinance is approved by the Commission, the Secretary of the Commission shall certify a copy of the ordinance to the Town Council.
(b) Zoning ordinance adoption. If the Town Council adopts the ordinance as certified, it shall take effect as all other ordinances of the Council. If 31 days after the ordinance is presented to the Town Council, the Council has not finally acted upon it, the ordinance shall have the same effect as if adopted by the Council. In case the Council fails to act within the 31-day period, the Commission shall print and publish the ordinance as other ordinances are published, thereby giving it full legal effect.
(c) Town Council amendment of zoning ordinance. If the Council amends any ordinance, the Council shall return it to the Commission with a written statement of the reasons for its action. The Commission shall have 45 days after the Council returns the ordinance in which to consider the amendment of the ordinance and the report of the Council. If the Commission approves the proposed changes, the ordinance shall take effect on the date the Commission's report accepting the amendments is received in open meeting of the Council.
(F) The Commission, committee or Hearing Examiner shall have the right to waive this section upon their own motion or upon request of an interested party for good cause shown.
(G) Amendments to this section shall be made by the Commission upon the affirmative vote of a majority of the members of the Commission who are entitled to vote.
(Ord., passed 9-11-72)