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Filing a rezoning ordinance instructions

INSTRUCTIONS FOR FILING ORDINANCES FOR REZONING

Rezoning of property requires these items to be completed:

1.     The application page obtained from Area Planning or from their website.

2.     The rezoning ordinance itself, on 8 ½” x 11" paper.

           a. Be sure to include redaction statement (listed below).

3.     The petition on 8 ½” x 11" paper.

4.     The site-plan on 8 ½” x 11" paper.

5.     Photocopy of deed and affidavit of ownership with original signatures on 8 ½” x 11" paper (both attached to original only).

Thirty-six copies plus the original are needed for each item, except #5. The original and the copies are to be stapled together in the order given above. If the petitioner wishes to retain a file stamped copy of the rezoning ordinance for their records, include an additional copy. For recording and archiving purposes, the rezoning ordinance and supporting documentation should not contain handwritten material (except the signature areas).

The rezoning ordinance and petition must contain the following statement and information: "This instrument prepared by (Name), (Address), (City, State ZIP)." This line is to be located at the bottom of the last page of the rezoning ordinance and the petition. In addition, the last page of the rezoning ordinance contains the signature area for the City Council, the Mayor, and the City Clerk. The format is located on the last page of this brochure.

The redaction statement is as follows:

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law.

________________________________________

<Your Name>

 

The process for filing a rezoning ordinance begins with the Area Planning Office, located in the County Annex Building. Information on the legal description of the property and the zoning classification may be obtained through them. Area Planning will provide instructions for preparing a site plan and provide you with a copy of the Application page. The rezoning ordinance and the petition must contain the legal description of the property. Please check legal descriptions closely; errors will result in delays.

 

The address of the property to be rezoned is listed below the legal description. Begin with the phrase "Commonly known as:" and then enter the legal address of the property. In addition, the city, state, and zip code need to be listed as well.

 

Please contact the City Clerk's Office during regular business hours in order to obtain a number for your rezoning ordinance. Rezoning ordinances are titled "Special Ordinance". A number is assigned to each special ordinance that appears before the City Council.  This number is placed on the Application Form, the rezoning ordinance, and the Petition on all copies as well as the original. This number is used in all references of the rezoning.

 

After the rezoning documents and copies have been prepared, they are brought to the City Clerk's Office for filing. The first step is to pay the filing fees with the City Controller on the second floor of City Hall. The fees total $45.00 and can be paid by cash or check. The receipt is then brought to the City Clerk's Office together with the rezoning documents and copies.

 

MEETING TIMELINES: 

A rezoning ordinance is introduced as "new business" at a City Council Regular meeting.  To be introduced as "new business", rezoning ordinances need to be filed with the City Clerk no later than the Friday prior to a regular meeting of the Council. Precise dates can be obtained from the City Clerk's Office or may be obtain on the website by CLICKING HERE.  A representative or the petitioner is not required to attend this meeting.

 

The Area Planning Commission will discuss the rezoning ordinance at their regular meeting.  The Area Planning Commission meeting is usually the first Wednesday of the month following the introduction of the rezoning ordinance as "new business".  A letter explaining the meeting dates and times will be sent to the petitioner or their representative.  A representative or the petitioner is required to attend this meeting.

 

The rezoning ordinance is discussed at the following month's City Council Sunshine meeting and acted on during the following City Council Regular meeting.  A representative or the petitioner is required to attend these meetings.  Sunshine meetings of the City Council are usually the first Thursday of the month; Regular meetings are usually the second Thursday.  CLICK HERE for a list of City Council meeting dates and times.

 

Once the rezoning ordinance has been passed by the City Council, it will be recorded at the Vigo County Recorder's Office. This step is necessary for the change in the zoning classification that is detailed in the legal description of the property to be noted in any and all necessary government records. The fees for recording the rezoning ordinance are payable by the petitioner. This fee is collected at the time of filing.  The check is made payable to the Vigo County Recorder.  Please contact the Clerk's Office for more details. 

 

 

 

FORMAT OF THE SIGNATURE PORTION OF ORDINANCES AND RESOLUTIONS

Introduced by: __________________________________________________  

                         "Name of Sponsoring Councilman", Councilman

 

Passed in open council this _______ day of ______________________, 2015.

 

                                                                                   ____________________________

                                                                                   John Mullican, City Council President

 

ATTEST: _______________________________________________

              Charles P. Hanley, City Clerk

 

Presented by me to the Mayor this _______ day of __________________, 2015.

 

                                                                                   ____________________________

                                                                                   Charles P. Hanley, City Clerk

 

Approved by me, the Mayor, this _______ day of ______________________ , 2015.

 

                                                                                    _____________________________

                                                                                    Duke A. Bennett, Mayor

 

ATTEST: _______________________________________________

             Charles P. Hanley, City Clerk

(Use proper spacing to allow for signatures and dates)

 

 

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