(A) Authority and duties.
(1) The Advisory Plan Commission (hereinafter called "Commission") exists as an advisory plan commission under the authority of I.C. 36-7-4-100 et seq., the local planning and zoning law, and any amendments thereto. These rules of procedure are adopted in accordance with the requirements of I.C. 36-7-4-401 et seq.
(2) The duties of the Commission shall be those set forth in I.C. 36-7-4-400 et seq., and such other responsibilities as may be required by state statute or municipal ordinance.
(B) Officers, members and employees.
(1) The Commission shall consist of nine voting members, appointed in accordance with Indiana Code for municipal plan commissions exercising jurisdiction outside their corporate boundaries. The Commission shall also consist of advisory members as provided by law or as deemed necessary by the Commission and shall have all rights of participation in the deliberations of the Commission except the right to vote.
(2) At its first regularly scheduled meeting in each calendar year, the Commission shall elect from its voting membership a president and a vice president. Each shall serve during the period of their membership on the Commission for the balance of the calendar year.
(3) The vice president shall have authority to act as president of the Commission during the absence or disability of the president.
(4) Upon resignation or replacement of the president or vice president as a member of the Commission, the Commission shall elect a successor at its next regularly scheduled meeting.
(5) The Commission shall appoint and fix the duties of a secretary, who is not required to be a member of the Commission. The secretary shall be charged with such duties as required under state statutes, ordinances, and these rules.
(6) One member of the Commission may be designated as the Commission's representative to the Noble County Plan Commission.
(7) If a vacancy occurs among the members of the Commission, the appointing authority shall appoint a member for the unexpired term of the vacating member. The appointing authority shall be notified in writing by the secretary when a member of the Commission has been absent for three consecutive meetings of the Commission. Such absences may constitute cause for removal from the Commission by the appointing authority under I.C. 36-7-4-218(f).
(8) The Commission may appoint such employees as are necessary to the discharge of the duties of the Commission. Within its budget allotment, the Commission may fix the compensation of such employees in conformity with compensation fixed by the Town Council up to that time.
(9) Within its budget allotment, the Commission may contract for special or temporary services and for legal counsel.
(C) Meetings.
(1) The regular meetings of the Commission shall be the first Wednesday of each month at 6:30 p.m. The location of the meeting shall be at the Police Station training room at 127 S. Orange Street. If the date of a regular meeting falls on a legal holiday, or if it is impossible to conduct the meeting at that time or place, the president may set an alternate date, time or place for the regular meeting, or may cancel the meeting with consent of a majority of the members of the Commission, provided that the notice requirements of I.C. 5-14-1.5 are complied with.
(2) Special meetings may be called by the president or two members of the Commission upon written request to the secretary. The secretary shall send to all members, at least three days before the special meeting, a written notice fixing the time and place of the meeting. Written notice is not required if:
(a) The date, time and place of the special meeting are fixed in a regular meeting;
(b) All members of the Commission are present at that regular meeting; and
(c) The secretary complies with the notice requirements of I.C. 5-14-1.5.
(3) The order of business at regular meetings shall be:
(a) Call to order.
(b) Roll call.
(c) Determination of quorum.
(d) Consideration of minutes of previous meeting.
(e) Communications, bills, and expenditures.
(f) Report of officers and committees (and staff, if applicable).
(g) Old business.
(h) New business.
(i) Adjournment.
(4) The president of the Commission shall preside over meetings, decide questions of order, subject to appeal by Commission members, and preserve decorum in the meeting room. The president shall pronounce the decisions of the Commission for the purpose of recording in the minutes.
(5) No one who is not a member of the Commission shall be permitted to speak or address the Commission except by request and consent of the president.
(D) Official action.
(1) A majority of the members of the Commission who are qualified to vote shall constitute a quorum. Action of the Commission shall not be official unless it is authorized at a regular or properly called special meeting of the Commission.
(2) Discussions of the Commission shall be by roll call vote of the members. All members present shall vote on every question unless they are permitted to abstain by the presiding officer, or, in the case of a zoning matter, having disqualified themselves because of a conflict of interest as defined under division (D)(3) of this section.
(3) No member of the Commission shall participate in a hearing, discussion, or decision of the Commission upon any zoning matter in which the member has a direct or indirect financial interest. A zoning matter does not include the preparation or adoption of a comprehensive plan. A member shall declare his or her known conflict of interest. The Commission shall enter into its records the fact that the member has such disqualification.
(4) In the event a majority vote of the Commission cannot be achieved due to absences, permitted abstentions, or disqualification, the matter shall be rescheduled for the next regular meeting at the request of any Commission member, a petitioner or a remonstrator.
(5) Any member of the Commission who voted with the majority may call for a reconsideration of any vote at the same meeting of the Commission at which it passed, and, if sustained by a majority of the votes, the reconsideration shall be ordered.
(E) Minutes and records.
(1) The secretary of the Commission shall prepare and maintain minutes of its meetings. The minutes shall include the vote of each member on each question presented or indicate that the member is absent, abstaining with permission, or not voting because of disqualification.
(2) The minutes of Commission meetings and all records shall be filed in the office of the Commission and are public records, as defined by I.C. 5-14-3.
(3) The minutes shall be presented to the Commission for approval at the next succeeding regular meeting. When approved, the minutes shall be signed by the president and attested by the secretary.
(F) Public hearings.
(1) The Commission shall hold such public hearings as are required by state statute and ordinances. The Commission may hold additional hearings at such times and places upon such notice, as it considers necessary.
(2) A petitioner who seeks to vacate a plat, amend the zoning ordinance, subdivision ordinance, comprehensive plan, or other matter under the jurisdiction of the Commission shall file a petition with the Commission at least ten days prior to the next regularly scheduled Commission meeting.
(3) The Commission may require additional information, data, statistics, or plats beyond those established by statute or ordinance, which are deemed necessary for intelligent determination by the Commission.
(4) If the Commission finds that the petition is in good order with sufficient information, it shall set a time for a public hearing on the matter and shall provide public notice in accordance with I.C. 5-3-1.
(5) The petitioner shall be responsible for the preparation of the legal advertisement of the public hearing for the approval of the Commission and shall bear expense of the advertising cost. The Commission shall have the discretion to require the petitioner to notify by certified letter all persons deemed by state statute and the Commission to be interested parties at least ten days before the date of the public hearing, pursuant to division (G) of this section. At the public hearing, the petitioner shall provide proof that he or she has complied with the requirement.
(G) Notice requirements and Indiana Planning and Zoning Law Citations.
(1) A notice of a public hearing required by state statute or ordinance shall contain at a minimum following information:
(a) Docket number and the substance of the matter to be heard;
(b) General location by address or other identifiable geographic characteristic of the property;
(c) Name of the person, agency, or entity initiating the matter to be heard;
(d) Time and place of the hearing;
(e) Statement that the petition may be examined at the Commission office;
(f) Statement that any person may offer verbal comments at the hearing or may file written comments prior to or at the hearing; and
(g) Any other information which may be required by law to be contained in such notice.
(2) For the purposes of conduct of its duties, the Commission shall refer to and follow the following citations of Indiana Code, the Local Planning Zoning law, as amended:
(a) I.C. 36-7-4-100 Series-Applicability and Rules of Construction;
(b) I.C. 36-7-4-200 Series-Establishment and Membership of Commission;
(c) I.C. 36-7-4-300 Series-Organization of Commission;
(d) I.C. 36-7-4-400 Series-Duties and Powers of Commission;
(e) I.C. 36-7-4-500 Series-Comprehensive Plan;
(f) I.C. 36-7-4-600 Series-Zoning Ordinance;
(g) I.C. 36-7-4-700 Series-Subdivision Control;
(h) I.C. 36-7-4-800 Series-Improvement Location Permit;
(i) I.C. 36-7-4-900 Series-Board of Zoning Appeals;
(j) I.C. 36-7-4-1000 Series-Remedies and Enforcement;
(k) I.C. 36-7-4-1100 Series-Miscellaneous Provision;
(l) I.C. 36-7-4-1200 Series-Township Joinder; and
(m) I.C. 36-7-4-1300 Series-Impact Fees.
(3) In the conduct of its duties the Commission shall refer to and consider the goals, objectives and policies found in the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance of 1995 when considering matters of public policy, zoning changes, amendment to ordinances, maps, subdivision control ordinances, regulations, variances, special uses and improvement location permits.
(H) Conduct of public hearings and decorum.
(1) The president of the Commission shall control all meetings and hearings of the Commission. All persons attending or appearing before the Commission shall abide by the order and direction of the president.
(2) At a public hearing before the Commission, the petitioner, property owner, or agent for the petitioner or property owner shall first present the facts and arguments in support of the case. Comments and questions from the Commission members shall be presented after the petitioner has presented the facts and arguments in support of the case. Comments and questions from the Commission members shall be made after being recognized by the president. Each of those persons who wishes to comment on the petition must address the president and be recognized before speaking. Each person, other than Commission members, must state his or her full name and address. The president may limit a speaker's time to assure an opportunity for all speakers to comment.
(3) The president shall close the public hearing after the Commission has adequately heard from all interested persons.
(4) The petitioner may summarize arguments and the Commission may question further. The Commission shall then consider the petition.
(5) The Commission may continue the hearing when in its judgment the petitioner has not provided sufficient evidence on which to make a determination.
(6) Every person attending or appearing before the Commission shall abide by the order and directions of the president. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Commission and shall be dealt with as the Commission directs. No one shall speak or comment on any matter unless first recognized by the president.
(I) Final disposition of cases.
(1) The final disposition of any case shall be in the form of a recommendation setting forth the findings and determination of the Commission, together with any modification, specification or limitation which it makes.
(2) The Commission may dismiss a case for lack of prosecution or lack of jurisdiction. When a petition has failed to appear at two consecutive meetings, the case may be dismissed for lack of prosecution.
(3) A case of which has been decided adversely to the petitioner shall not again be placed on the docket for consideration within a 12-month period after the date of decision previously rendered.
(4) The Commission's recommendation is only advisory. The petitioner may request that the adverse recommendation be brought before the Town Council for their consideration. The Commission's recommendation, either favorable or adverse, may be overturned by the Town Council.
(J) Reconsideration. The Commission may not consider for one year a petition to amend the zoning map which has been rejected by the Town Council.
(K) Secondary plat approval. Pursuant to Indiana Code, the Commission shall determine if all improvements and installations have been constructed and completed as required by the Subdivision Ordinance before it grants secondary approval to any plat.
(L) Committees.
(1) The president, with the approval of the Commission, may establish such committees as deemed to be necessary and desirable. The purposes and terms of such committees shall be specified at their establishment.
(2) Members of committees shall be appointed by the president.
(M) Amendments. Amendments to these rules of procedures may be made by the Commission at any regular or special meeting where a quorum is present, upon an affirmative vote of the majority of the members present.
(Ord. 2002-08, passed 5-28-02)