Filing a rezoning ordinance instructions

INSTRUCTIONS FOR FILING ORDINANCES FOR REZONING

Rezoning of property requires these items to be completed:

1.     The application sheet 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 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 Form. 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. The City Clerk's office issues these numbers and will be happy assign one to your rezoning ordinance. 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 ordinance 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 ordinance and copies.

Sunshine meetings of the City Council are usually the first Thursday of the month; regular meetings are usually the second Thursday. A rezoning ordinance is introduced as "new business" at a regular meeting. The rezoning ordinance is discussed at the following month's sunshine meeting and acted on during the following regular meeting. The Area Planning Commission will discuss the rezoning ordinance at their regular meeting. This meeting is usually the first Wednesday of the month following the introduction of the rezoning ordinance as "new business". 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. There are no additional charges for publication.

The petitioner or a representative is required to attend the City Council's sunshine and regular meeting when the rezoning ordinance is to be discussed. In addition, the petitioner or a representative is required to attend the Area Planning meeting when the rezoning ordinance is to be discussed.

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. A notice of the amount due will be sent to the petitioner by the City Clerk's Office immediately following the passage of the rezoning ordinance. If the petitioner does not forward the necessary fees for recording the rezoning ordinance to the City Clerk's Office, it will not be recorded.