The Town Council may, from time to time, amend, supplement, change, modify or repeal this Zoning Code, including the Zone Map, by proceeding in the manner prescribed herein. Such changes or amendments shall be considered as amendments to the Master Plan of the Town of Kouts, as provided for in the Indiana Code, as amended from time to time and shall be reviewed accordingly.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)

   A Zoning Code text amendment may be initiated by the Town Council or the Plan Commission. An amendment to change the Zone 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 involved.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)

   (A)   Any request for a Zoning Ordinance Zone Map change shall be in compliance with the provisions of I.C. 36-7-4-600 et seq., as amended from time to time. A Zone Map change request shall be submitted in writing to the Plan Commission in a form prescribed by the Commission, by the first day of the month for informal review. Evidence shall be attached, in a manner satisfactory to the Commission, which shows the following:

      (1)   Payment of fees and charges as established herein when the application is filed;

      (2)   Sufficient graphic material, in triplicate, to adequately assist the Commission in understanding the nature of the request.

   (B)   The Plan Commission and Town Council shall not consider any proposed Zone Map change which is substantially the same as any other proposed amendment submitted within the previous 12 months.

   (C)   Any proposal for a Zoning Code text amendment shall be in compliance with the provisions of I.C. 36-7-4-600 et seq., as amended.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)

   The Plan Commission and Town Council shall study such proposals for text and Zone Map change to determine:

   (A)   The general conformity and consistency with the various elements of the Comprehensive Plan;

   (B)   The need and justification for any proposed change of this Zoning Code or the Zone Map;

   (C)   Current conditions and the character of current structures and uses in each Zoning District;

   (D)   The effect of a use district change, if any, on the property and on surrounding property;

   (E)   The most desirable use for which the land in each Zoning District is adopted;

   (F)   The amount of undeveloped land in the general area and in the town having the same district classification as that requested or affected by an ordinance amendment;

   (G)   The effect of a use district change in view of responsible growth and development.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)

   (A)   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 for notice and proof shall be complied with.

   (B)   Any action of the Commission shall be advisory only. No recommendation of the Commission shall be effective, however, unless acted upon by a full majority of Commission membership.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)

   The Town Council shall be guided by the advice of its Plan Commission when considering a Zoning Code text amendment or Zone Map change. It shall not, however, be bound to recommendations of the Plan Commission.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)

   (A)   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.

   (B)   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.

   (C)   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 Porter 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.

   (D)   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.

   (E)   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.

   (F)   Automatic termination. A commitment made under this section shall automatically terminate if after the adoption of the proposal:

      (1)   The Zone Map applicable to the parcel is changed; or

      (2)   The parcel is designated as a planned unit development.

   (G)   No affect 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.

(Am. Ord. 1996-20, passed 1-20-97)

   If any property is judicially determined or otherwise determined to be without zoning or exists without a clearly designated zoning district classification, then in such case the property shall be zoned R-1 Residential Zoning District.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-67)