How-To Primers - general zoning process

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GENERAL OUTLINE OF REZONING PROCESS
(Prepared by the Franklin Township Civic League)

THE FOLLOWING IS A GENERAL OUTUNE OF THE REZONING PROCESS FOR PETITIONS. MORE SPECIFIC QUESTIONS MAY BE DIRECTED TO THE CURRENT PLANNING SECTION OF THE DEPARTMENT OF METROPOLITAN DEVELOPMENT AT 327-5155

(This description does not include any pre-filing meetings that may have taken place with elected officials or City employees or representatives.)

1. The petition is filed with the Department of Metropolitan Development (DMD).

2. DMD determines the hearing date before the Hearing Examiner (at least 35 days prior to the hearing)

3. Petitioner obtains names and addresses of property owners entitled to legal notice. This includes properties that are within 660 feet or within two properties of the site proposed for rezoning.

4. DMD gives notices to petitioner along with list of registered neighborhood organizations and City County Councilors, affidavit of notice and notice sign. This will be done 30 days prior to the hearing.

5. Petitioner sends legal notices for the rezoning hearing to all those required to receive notice. This must be done 23 days prior to the hearing date.

6. DMD places notice in the newspaper 10 days prior to hearing date.

7. DMD planning staff develops recommendation (at least 7 days prior to hearing).

8. Petitioners and remonstrators each have the opportunity to file for one (1) automatic 30 day continuance without cause.

The request for automatic continuance must be filed with DMD no less than 7 days before the scheduled hearing date.
Requests for additional "continuances for cause" may be made by an impacted party to the Hearing Examiner at the scheduled hearing. The Hearing Examiner will determine whether or not to grant these 'for cause' continuances.

9. The Hearing Examiner hears the case and makes a recommendation of approval, denial, continuance, or "no recommendation" to the Metropolitan Development Commission (MDC), The case is scheduled for the MDC agenda approximately 3 weeks after the case is heard by the Hearing Examiner.

Either party may file an appeal of the Hearing Examiner's decision within 5 days and request (in writing) that the petition be reheard in its entirety by the full MDC. An automatic continuance may be requested if one was not filed for the Hearing Examiner hearing.
If no appeal is filed, the Metropolitan Development Commission does not rehear the case and ratifies the Recommendation of the Hearing Examiner at the next meeting of the MDC.
If a timely appeal is filed by either party, the petition will be scheduled for a hearing before the full MDC and, after hearing the facts of the case, the MDC will then render a recommendation for approval or denial.

10. If the petition is approved, the petitioner submits commitments approved by the MDC. The DMD then sends certified approved petitions to the City County Council. The City County Council ratifies the MDC decision.

11. If the petition is denied, the property may not be considered for another rezoning or variance petition for one year from the date of denial.

12. If the remonstrators do not agree with the decision of the MDC, they may request that the City County Councilor from the district that includes the subject property ask the full City County Council to hear the case.

If the councilor agrees, a date will be set to have the case heard by the Council. Any decision made by the Council will be final.
If the Councilor declines, the City County Council ratifies the decision of the MDC.