Chapter 18.175
AMENDMENTS
Sections:
18.175.020 Commission action and commitments.
18.175.030 Common Council action.
18.175.010 Amendments.
(A) A proposed ordinance for amendment or repeal of this title may be proposed by a member of the Common Council to the Common Council; the Area Plan Commission to the Common Council; or by petition of owners of property of at least 50 percent of the area involved in the petition either to the Common Council or to the Area Plan Commission.
(B) No later than the filing deadline set forth in EMC 2.10.120, the petitioner must provide to the Common Council the following:
(1) A petition describing the property that is the subject of the desired amendment, the amendment desired, and any facts pertinent to the request;
(2) A location map;
(3) An ordinance;
(4) A site plan;
(5) Costs of publication of the ordinance;
(6) Costs of recording the ordinance;
(7) List of abutting property owners and registered neighborhood associations for notice by the petitioner.
(C) All petitions shall be filed with the required number of copies on eight and one-half by 11-inch paper with the petition as the first document, the map as the second document, the ordinance as the third document, and the site plan as the fourth document.
(D) The petitioner shall determine from the designated newspaper the costs of publication of the ordinance and shall file with his petition a certified check made payable to that designated newspaper for required amount.
(E) The petitioner will file with his petition a certified check made payable to the County Recorder for the costs of recording the ordinance if and when it is approved.
(F) The Common Council shall assign the petition and ordinance to the Area Plan Commission for hearing and recommendations. A proposed ordinance for the amendment or repeal of this title must be referred to the Area Plan Commission for consideration and report before any final action is taken by the legislative body. Upon receiving or initiating a proposed ordinance, the commission shall, within 60 days, hold a public hearing on the proposed ordinance.
(1) Notice of the public hearing shall be published one time at least 10 days before the date of the Area Plan Commission hearing.
(2) A notice must be posted on the property by the petitioner, in a place visible to the public, no less than 12 days prior to the Area Plan Commission hearing.
(3) A notice of hearings must be mailed by the petitioner to each of the abutting property owners and to registered neighborhood associations, pursuant to EMC 2.108.060, whose boundaries include and/or are contiguous to the subject property, no less than 10 days prior to the Area Plan Commission hearing, and shall provide proof of mailing in accordance with the rules established by the Area Plan Commission.
(4) Costs of the notices shall be borne by the petitioner.
(G) Prior to the public hearing by the Area Plan Commission, the petitioner must file with the Area Plan Commission a copy of the letter of notice, an affidavit listing the abutting property owners and registered neighborhood associations, and the date notices were mailed and return receipts. The Area Plan Commission shall submit the documents to the City Clerk.
(H) Whenever the Common Council shall change by ordinance the district boundaries or classifications of property, the City Clerk shall record a copy of the ordinance, including any use and development commitment, with the County Recorder immediately after the effective date.
(I) Use or Development Commitments.
(1) At the time of filing the petition to amend zoning maps, the petitioner may file a use or development commitment, or both, as defined in EMC 18.05.030.
(2) A use or development commitment may be filed or amended after the Area Plan Commission considers the rezoning petition and prior to hearing by the Common Council.
(a) No further action of the Area Plan Commission is required for a new written commitment to be effective. A written commitment will be considered “new” only if no other commitment has been submitted covering the same petition and the same subject matter of restrictions or conditions. All other written commitments will be deemed modifications and are subject to the requirements of subsection (I)(2)(b) of this section.
(b) If a written commitment is modified after hearing by the Area Plan Commission, no further action of the Area Plan Commission is required if the effect of the amended commitment is to make the commitment more stringent. If the effect of the amendment to the commitment is to make the written commitment less stringent, the modified ordinance, together with the use or development commitment, must be reheard by the Area Plan Commission to enable the Area Plan Commission to vote on the petition with the less restrictive use or development commitment.
(3) If the petition is to be reheard by the Area Plan Commission as provided in subsection (I)(2)(b) of this section, the petitioner shall again notify all abutting property owners and registered neighborhood associations, pursuant to EMC 2.108.060, whose boundaries include or are contiguous to the subject property (listed in the affidavit filed pursuant to subsection (F) of this section) and counsel of record by certified mail.
(4) If a use and development commitment is included in an ordinance adopted by the Common Council to rezone property, the ordinance shall include the following language:
The subject property herein rezoned shall be used and developed only in accordance with the use and development commitment which is incorporated as part of this Petition for Rezoning and recorded in the office of the Recorder of Vanderburgh County, Indiana on __________ (DATE) at Instrument No.: __________. No improvement location permit shall be issued unless the proposed use is in compliance with said recorded use and development commitment.
(J) An amendment to the submitted ordinance documents after the publication of notice shall be cause for automatic continuance of the hearing by Area Plan Commission. The petitioner shall notify the abutting property owners and registered neighborhood associations, pursuant to EMC 2.108.060, whose boundaries include or are contiguous to the subject property pursuant to subsection (F) of this section. [Ord. G-2023-16 § 8, passed 8-30-23; Ord. G-2022-6 § 1, passed 6-28-22; Ord. G-2012-5 §§ 1 – 6, passed 4-10-12; Ord. G-2008-14 §§ 1, 2, passed 4-15-08; Ord. G-98-13, passed 7-20-98; Ord. G-93-25, passed 12-07-93; Ord. G-89-17, passed 5-24-89; Ord. G-88-29, passed 11-21-88; Ord. G-78-13, passed 5-8-78; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 29, § 1; 1982 Code § 153.158; 1983 Code § 15.153.158.]
18.175.020 Commission action and commitments.
(A) Following a public hearing at which any interested person may appear to testify against or support the petition, the Area Plan Commission shall recommend either the passage, denial, or passage with amendments of the petition and ordinance. Any amendment or change to the ordinance after Area Plan Commission approval must be submitted in writing with the required number of copies and filed with the City Clerk and Area Plan Commission prior to the filing deadline set forth in EMC 2.10.120.
(B) The commission and the legislative body shall pay reasonable regard to the following:
(1) The amendment conforms to 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;
(6) The zoning classification of the property is improper and the amendment will correct the improper classification;
(7) Major physical, economic, or social changes have substantially altered the area in a manner not anticipated in the comprehensive plan, and the amendment will assist the development of the area consistent with the changes.
(C) The commitments and recommendations of the commission shall become part of the record. [Ord. G-2023-16 § 9, passed 8-30-23; Ord. G-2012-5 § 7, passed 4-10-12; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 29, § 2; 1982 Code § 153.159; 1983 Code § 15.153.159.]
18.175.030 Common Council action.
(A) Within 30 days after the hearing on the proposed ordinance for amendment or repeal of the zoning code, the secretary of the Area Plan Commission shall provide to the Common Council a written report that indicates the recommendations of the Area Plan Commission concerning the ordinance. Within 90 days after receiving the report of the Area Plan Commission concerning the proposed ordinance, the Common Council shall vote on the proposed ordinance. If no vote is taken within 90 days after the commission’s recommendations, the action of the Area Plan Commission is final.
(B) Each zoning ordinance adopted by the City under IC 36-7-4-606, 36-7-4-607, and 36-7-4-608 may be vetoed by the Mayor of the City pursuant to IC 36-7-4-609. [Ord. G-2012-5 § 8, passed 4-10-12; Ord. G-89-17, passed 5-24-89; Ord. G-78-13, passed 5-8-78; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 29, § 3; 1982 Code § 153.160; 1983 Code § 15.153.160.]
18.175.040 Time limits.
(A) The denial of a petition by the Common Council or the withdrawal of a petition by the petitioner from the Common Council prohibits the Area Plan Commission or Council from hearing a petition for amendment of that property or any part thereof for 12 months after the date of denial or withdrawal by the commission or petitioner.
(B) An exception may be made to subsection (A) of this section by unanimous vote of the Common Council.
(C) Nothing contained in subsections (A) and (B) of this section shall prevent the Common Council from reconsidering a petition which has been previously defeated. A two-thirds vote of the elected members of the Common Council shall be required to approve the motion to reconsider. If the motion to reconsider is approved, the petition shall be returned to second reading. The hearing on second reading shall be not less than 25 days from the date of the vote on the motion to reconsider. The petitioner shall notify all adjoining property owners and the attorney for the remonstrators, if any, and registered neighborhood associations, pursuant to EMC 2.108.060, whose boundaries include and/or are contiguous to the subject property of the date of the hearing on second reading and of the reconsideration of the petition. The notice shall be sent certified mail, return receipt requested, not less than 15 days prior to the hearing date. [Ord. G-2023-16 § 10, passed 8-30-23; Ord. G-98-13, passed 7-20-98; Ord. G-89-17, passed 4-25-89; Ord. G-88-2, passed 4-25-88. 1962 Code, Art. 9, Ch. 29, § 4; 1982 Code § 153.161; 1983 Code § 15.153.161.]