The purpose of this section is to establish the method by which amendments to the zoning ordinance are initiated, hearings held and resolved. For the purpose of providing for the public health, safety and general welfare, the town on recommendation of the plan commission, may from time to time amend the text of this chapter and/or the zoning map(s) incorporated by reference in this chapter.

Amendments to this chapter may be proposed by the town council, or by petitions, duly signed and presented to the town clerk, requesting an amendment, supplement or change of the regulations of this chapter by:

(a)

The plan commission; or

(b)

The owners of 50 percent or more of the area involved in the petition.

The term "amendment" as used hereinafter in this article shall include the terms "supplement," "change" or "repeal" as applied to the regulations of this chapter.

Any proposed ordinance for the amendment of this chapter not originating from petition of the plan commission shall be referred to the plan commission for consideration and report before any final action is taken by the town council.

Before submission to the town council of a plan commission petition or report on a proposed ordinance referred to the plan commission for an amendment to this chapter, the plan commission shall hold a public hearing thereon.

At least ten days prior to the date set for the hearing, the plan commission shall publish in two newspapers of general circulation in the town, notice of the time and place of the hearing.

No amendment of the official zoning map shall be made with respect to any parcel of real estate unless said parcel has more than 160 feet of frontage and at least 20,000 square feet of area, except where in the event of an amendment the parcel would be in the same zoning district, or in a more restrictive zoning district, as an adjoining parcel of land.

The following zoning districts, and no others, shall be deemed to be a "more restrictive zoning district" as the term is used above:

(1)

R-1, with respect to R-2, R-3 and R-4.

(2)

R-2, with respect to R-3 and R-4.

(3)

R-3, with respect to R-4.

(4)

B-1, with respect to B-2 and B-3.

(5)

B-2, with respect to B-3.

(6)

I-1, with respect to I-2.

General. The commission and town council may allow or require a written commitment from the owner, petitioner, or developer for a proposal to change the zone map filed by a property owner or developer when, in the opinion of the commission and town council, certain commitments should be made for the protection of the public interest and for the public health, safety and general welfare of the town. A written commitment may establish the zoning district or use or a range of uses permitted in the territory being considered by the proposal. Such commitments may also stipulate general or detailed conditions, restrictions or requirements upon the establishment, location, design, layout, construction, maintenance, beautification, aesthetics, operation, or other elements of the proposed development prompting the zone map amendment proposal.

(a)

Time. A written commitment shall be agreed to or imposed upon a petition at the time the zone map amendment is made, and ordinance adopted by the town council.

(b)

Recordation and binding effect. The ordinance amending the zone map shall include the commitments established hereunder and said amending ordinance shall be recorded in the public records of the recorder of Lake County, Indiana. A written commitment is binding upon the owner of the parcel affected; a subsequent owner of the parcel; and a person who acquires an interest in the parcel. In the event a written commitment is not recorded, the commitment shall be binding on the owner of the parcel. An unrecorded written commitment shall be binding on a subsequent owner of the parcel or a person acquiring an interest in the parcel only if the subsequent owner or the person acquiring the interest has actual notice of the commitment.

(c)

Amendment of the commitment. A written commitment may be modified or terminated only upon the action of the commission and town council after first conducting a public hearing and following the same procedure set forth in this subchapter.

(d)

Enforcement. A written commitment shall be enforced by the town. Any violation of a commitment shall be deemed a violation of the zoning code and the person or corporation who violates any provision of a written commitment shall be subject to all penalties and fines set forth in the zoning code. In addition, the written commitments may authorize and grant standing to certain specially affected persons, corporations, property owners or classes of specially affected persons, corporations or property owners to seek civil injunctive relief from any court of competent jurisdiction to enforce any or all commitments.

(e)

No effect on private rights. No written commitment shall affect the validity of any covenant, easement, equitable servitude, or other land use restriction in accordance with law.

(Ord. No. 2023-7, 3-7-23)