(A) Power of amendment. The Town Council may, from time to time, amend, supplement, change, modify, or repeal this zoning chapter, including the Zoning Map.
(B) Initiation of amendment. A zoning chapter text amendment may be initiated by the Town Council or the Plan Commission. An amendment to change the Zoning Map may be initiated by the Town Council, Plan Commission, or by a petition signed by property owners who own at least 50% of the land under petition.
(C) Form of application.
(1) Any request for a Zoning Map change shall be in compliance with I.C. 36-7-4-600 et seq., as may be amended from time to time.
(2) A petition for a Zoning Map change shall be submitted in writing in the manner prescribed by the Plan Commission in its rules of procedure.
(3) Any proposal for an amendment to the text of the zoning chapter shall be in compliance with the provisions of I.C. 36-7-4-600 et seq., as may be amended from time to time.
(D) Deliberations. The Plan Commission and Town Council shall study proposals for text and Zoning Map changes to determine:
(1) The general conformity and consistency with the various elements of 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; and
(5) Responsible development and growth.
(E) Public hearing and Commission action.
(1) Before acting on any proposed amendment, the Commission shall hold a public hearing, as required by I.C. 36-7-4-600 et seq., as amended from time to time. The rules of procedure of the Plan Commission shall govern the petition process, public hearing, and meeting.
(2) Any action of the Commission relative to amendments shall be advisory only. Action by a full majority of the Commission membership shall be necessary for a recommendation.
(F) Action by Town Council on text amendment or Zoning Map amendment. The Town Council shall be guided by the advice of its Plan Commission when considering a text or map amendment. It shall not, however, be bound to recommendations of the Plan Commission.
(G) Questionable zoning districts. If any property is judicially determined or otherwise determined to be without zoning, or exists without a clearly designated zoning district classification, then in that case, the property shall be zoned AG agricultural.
(Ord. 23, §§ 4.30.10 - 4.30.70, passed 3-19-1997)