Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Board of County Commissioners may by resolution, after receipt of recommendation thereon from the County Rural Zoning Commission, and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property.

(Res. 669-94-72, § 1301, effective 4-5-1995)

   Amendments to this code may be initiated in one of the following ways:

   A.   By adoption of a motion by the County Zoning Commission;

   B.   By adoption of a resolution by the Board of County Commissioners; or

   C.   By the filing of an application by at least one (1) owner or lessee of property within the area proposed to be changed or affected by said amendment.

(Res. 669-94-72, § 1302, effective 4-5-1995)

   A.   Applications for amendments to the Official Zoning Map adopted as part of this code by § 301 shall contain at least the following information:

      1.   Name, address, and phone number of applicant;

      2.   Present use;

      3.   Present zoning district;

      4.   Proposed use;

      5.   Proposed zoning district;

      6.   A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Inspector may require;

      7.   A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned;

      8.   Response to all pertinent questions contained within the application form; and

      9.   A fee as established by the Board of County Commissioners according to § 512.

   B.   Applications for amendments proposing to amend, supplement, change, or repeal portions of this code other than the Official Zoning map shall include, in addition to the proposed amending resolution, approved as to form by the County Legal Advisor, the items in subsections 1., 2., 8., and 9. listed above.

(Res. 669-94-72, § 1303, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   Immediately after the adoption of a resolution by the County Commissioners or the filing of an application by at least one (1) owner or lessee of property, said resolution or application shall be transmitted to the Commission.

(Res. 669-94-72, § 1304, effective 4-5-1995)

   Within five (5) days after the adoption of a motion by the Commission, transmittal of a resolution by the Board of County Commissioners, or the filing of an application by a property owner or lessee, the Zoning Commission shall transmit a copy of such document together with the text and map pertaining to the case in question to the County Planning Commission. The County Planning Commission shall recommend the approval or denial of the proposed amendment or the approval of some modification thereof and shall submit such recommendation to the Zoning Commission. Such recommendation shall be considered at the public hearing by the Zoning Commission.

(Res. 669-94-72, § 1305, effective 4-5-1995)

   The Zoning Commission shall schedule a public hearing after the adoption of its motion, transmittal of a resolution from the Board of County Commissioners, or the filing of an application for zoning amendment. Said hearing shall not be less than twenty (20) nor more than forty (40) days from the date of adoption of such motion, transmittal of such resolution, or the filing of such application.

(Res. 669-94-72, § 1306, effective 4-5-1995)

   Before holding the public hearing as required in § 1306, notice of such hearing shall be given by the Zoning Commission by at least one (1) publication in one (1) or more newspapers of general circulation of the county at least ten (10) days before the date of said hearing. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to the Board of County Commissioners for further determination.

(Res. 669-94-72, § 1307, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Zoning Commission, by first class mail, at least ten (10) days before the date, of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor’s current tax list. The failure to deliver the notice, as provided in this section, shall not invalidate such amendment. The notice shall contain the same information as required of notices published in newspaper as specified in § 1307.

(Res. 669-94-72, § 1308, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   Within thirty (30) days after the public hearing required by § 1306, the Zoning Commission shall recommend to the Board of County Commissioners that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be not granted.

(Res. 669-94-72, § 1309, effective 4-5-1995)

   Upon receipt of the recommendation from the Zoning Commission, the Board of County Commissioners shall schedule a public hearing. The date of said hearing shall be not more than thirty (30) days from the receipt of the recommendation from the Zoning Commission.

(Res. 669-94-72, § 1310, effective 4-5-1995)

   Notice of the public hearing required in § 1310 shall be given by the Board of County Commissioners by at least one (1) publication in one (1) or more newspapers of general circulation in the county affected. Said notice shall be published at least ten (10) days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

(Res. 669-94-72, § 1311, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing may be mailed by the Clerk of the Board of County Commissioners, by first class mail, at least ten (10) days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted, to the address of such owners appearing on the County Auditor’s current tax list, and to such other list or lists that may be specified by the Board of County Commissioners. The notice shall contain the same information as required of notices published in newspapers as specified in § 1311.

(Res. 669-94-72, § 1312, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   Within twenty (20) days after the public hearing required in § 1310, the Board of County Commissioners shall either adopt or deny the recommendation of the Zoning Commission or adopt some modification thereof. In the event the Board of County Commissioners denies or modifies the recommendation of the Zoning Commission, a majority vote of the Board of County Commissioners is required.

(Res. 669-94-72, § 1313, effective 4-5-1995; Res. 608-13-163, effective 3-7-2014)

   A.   Such amendment adopted by the Board of County Commissioners shall become effective thirty (30) days after the date of such adoption unless within thirty (30) days after the adoption of the amendment there is presented to the Board of County Commissioners a petition, signed by a number of qualified voters residing in the unincorporated area of the township or part thereof included in the zoning plan equal to not less than eight (8) percent of the total votes cast for all candidates for Governor in such area at the last preceding general election at which a Governor was elected, requesting the Board of County Commissioners to submit the amendment to the electors of such area, for approval or rejection, at the next primary or general election.

   B.   No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the votes cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.

(Res. 669-94-72, § 1314, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)