20.90.180 Unified Development Code – Text amendment.
A. Purpose and Intent. It may become necessary to amend the text of the Unified Development Code from time to time. The Plan Commission has the authority to hear a proposal to amend the text of the Unified Development Code. The Plan Commission shall make a recommendation to the County Commissioners concerning a proposal to amend the text of the Unified Development Code. The County Commissioners have the power to approve or reject a proposal to amend the text of the Unified Development Code.
B. Project Applicability. Any proposal to add, remove, or alter a provision of the Unified Development Code shall follow the process outlined in this section.
C. Prerequisites.
1. Eligible Applicants. Members of the County Commissioners or members of the Plan Commission shall initiate a proposal to amend the text of the Unified Development Code. Persons who wish to propose an amendment to the text of the Unified Development Code and who are not members of the County Commissioners or Plan Commission shall find a sponsor among the County Commissioners or the Plan Commission to introduce the proposal.
D. Filing Requirements.
1. Application. A proposal for an amendment to the text of the Unified Development Code shall be prepared by the Zoning Administrator upon the direction of either the County Commissioners or the Plan Commission.
2. Deadline. A proposal for an amendment to the text of the Unified Development Code may be filed any time.
E. Formal Procedure.
1. Assignment. The Zoning Administrator shall assign a case number and place the proposed amendment to the text of the Unified Development Code on the first available Plan Commission agenda.
2. Internal Review. The Zoning Administrator shall be responsible for introducing the proposed amendment to the text of the Unified Development Code to the technical advisory committee and other applicable departments and agencies that may have an interest in the proposed amendment. The Zoning Administrator shall also notify the technical advisory committee and other applicable departments and agencies of the date of the Plan Commission meeting where the proposed amendment to the text of the Unified Development Code will be heard.
3. Public Notice. The following public notice standards apply for a proposal to amend the text of the Unified Development Code.
a. The Zoning Administrator shall notify interested parties of the public hearing. Notice shall be given in a manner deemed appropriate by the Plan Commission.
b. The applicant shall publish legal notice in a newspaper of general circulation one (1) time, at least ten (10) days before the date of the hearing or meeting.
c. The Zoning Administrator shall be responsible for providing proof of published notice to the Plan Commission and including proof in the case file.
4. Public Hearing. A public hearing shall be held in accordance with the Plan Commission rules and procedures.
5. Review. In preparing and considering proposals to amend the text of the Unified Development Code, the Plan Commission and the County Commissioners shall pay reasonable regard to:
a. The Jasper County Comprehensive Plan.
b. Current conditions and the character of current structures and uses in each district.
c. The most desirable use for which the land in each district is adapted.
d. The conservation of property values throughout the jurisdiction.
e. Responsible development and growth.
F. Decision.
1. Final Action. The Plan Commission shall certify the amendment to the text of the Unified Development Code and forward the proposal to the County Commissioners with a favorable recommendation, an unfavorable recommendation, or no recommendation.
2. Effective Date.
a. Unless an amendment to the text of the Unified Development Code provides for a later effective date, the amendment shall be effective when it is adopted under IC 36-7-4-607.
b. When a provision prescribing a penalty or forfeiture for a violation is approved, it may not take effect until fourteen (14) days after the final day on which notice of its adoption is published; or the day on which it is filed in the office of the Jasper County Auditor, whichever is later. [Ord. 8-3-20A § 6; Ord. 12-27-11 § 9.18.]