The board shall appoint an administrator to administer this title. The administrator may be provided with the assistance of such other persons as the board may direct. The administrator's duties include, but are not limited to, the following:
A. Advise interested citizens of the zoning ordinance provisions.
B. Inform the news media regarding land use and zoning matters of public interest, particularly the time and place of public hearings.
C. Prepare the agenda for the monthly meetings of the commission.
D. Aid applicants in the preparation of required forms and permit applications. Where practical, the administrator may combine related permits for the convenience of the applicant.
E. Investigate all violations of this title and notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation.
F. Receive, file and transmit to the commission or board all applications, petitions, transcripts and other communications on which they must act. Advise the commission and the board of pertinent provisions of the title regarding development proposals.
G. Maintain permanent and current records of applications, reclassifications, variances and conditional use permits and of the hearings and actions thereon.
H. Inspect and make recommendations upon all filed plats pursuant to title 10 of this code.
I. Interpret boundaries of zone districts.
J. Provide a liaison between the commission and the board. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
A. Established: A planning and zoning commission shall be established. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
B. Membership:
1. Appointment: The commission shall consist of seven (7) voting members, each appointed by the chairperson of the board of county commissioners and confirmed by the majority vote of the board.
2. Purpose: The board shall ensure that the interests of the entire county are broadly represented on the commission and shall select the members without respect to political affiliation.
3. Residency: Each member must remain a resident of the county during his/her service on the commission. Each member shall have lived in Blaine County for at least five (5) years prior to the commencement of membership on the commission. Not more than one-third (1/3) of the appointed members may reside within an incorporated city of one thousand five hundred (1,500) or more population in the county. Each city council shall have opportunity to submit nominations to the board for potential members from that city.
4. Term: Each member will serve for a term of three (3) years. Unexpired terms shall be filled in the same manner as the original appointments. Members may be removed for cause or have their term renewed, by a majority vote of the board. (Ord. 2008-01, 1-15-2008; 1996 Code; Ord. 90-7, 10-22-1990; Ord. 90-3, 4-9-1990; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
C. Conflict Of Interest: A member or employee of the commission shall not participate in any proceeding or actions when the member or employee (or his/her employer, business partner, associate or any person related to him/her by affinity or consanguinity within the second degree) has economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard. A knowing violation of this subsection shall be a misdemeanor.
D. Organization: The commission shall elect a chairperson and create any additional offices it may deem necessary. The commission may establish subcommittees, advisory committees or neighborhood groups to advise and assist in carrying out the responsibilities under this chapter. The commission may enact a set of bylaws to guide its operation.
E. Meetings, Records And Voting: At least one regular meeting shall be held each month for not less than nine (9) months in a year; additional special or workshop meetings may be scheduled as necessary. All meetings and records shall be open to the public. A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All members shall have voting rights; a majority of the members of the commission shall constitute a quorum.
F. Expenditures And Staff: With approval of the board, the commission may receive and expend funds, goods and services from the federal, state or local government agencies or from civic and private sources. Expenditures by the commission shall be within the amounts appropriated by the board. Within such limits, the commission is authorized to hire or appoint nonvoting technical advisors.
G. Responsibilities And Duties: The commission shall hold public meetings, hearings, surveys, etc., to obtain input to the planning process. The commission may also conduct informational meetings to consult with public officials and agencies, civic or professional organizations, etc. As a result of such meetings, the commission may submit recommendations to the board concerning the planning process. Further, the commission shall:
1. Initiate amendments to titles 9 and 10 of this code and the comprehensive plan.
2. Periodically review all privately proposed amendments to this title and the comprehensive plan and make recommendations to the board.
3. Review development proposals according to the process outlined in title 10 of this code.
4. Review applications for zoning reclassifications and make recommendations to the board.
5. Review conditional use permit applications and applications for variances.
6. Hear and decide appeals when it is alleged that an error has been made by the administrator. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)
Notes
1 | 1. IC § 67-6501 et seq. |
A. Appeal To Board: Any person aggrieved by a decision of the administrator made in interpreting or enforcing this title may appeal such a decision to the board by filing a notice of appeal with the board within twenty (20) calendar days of the date of such decision, stating the date and nature of the decision appealed from and the grounds for the appeal. The cost of an appeal from decisions of the administrator shall be in accordance with the schedule of fee requirements given in section 9-3-9 of this title. The appellant shall lodge all legal and factual material in support of the appeal with the administrator within fourteen (14) calendar days after the notice of appeal is filed. If any of such lodged material had not been submitted to the administrator prior to the administrator's decision, the board may remand the matter to the administrator for reconsideration in light of the new material.
B. Hearing By Board: The board shall hold a public hearing on all appeals from decisions of the administrator during the next available date after the appellant has complied with the requirements of this section. The board shall base its decision upon the record before the administrator and any additional lodged material. However, the board may, in its discretion, allow additional material and evidence if there were good reasons for failure to submit the material and evidence within fourteen (14) calendar days of the filing of the notice of appeal, but any such additional written material and evidence shall be submitted to the board at least fourteen (14) days prior to the public hearing. Whenever an appellant lodges additional material or evidence with the board that was not submitted to the administrator prior to its decision, the administrator shall be entitled to lodge with the board prior to public hearing any additional material or evidence relevant to the appeal.
C. Decision By Board: The board shall, within twenty eight (28) calendar days after the public hearing, enter a written order affirming, reversing or modifying the administrator's decision. The order shall also contain the reasons for the board's decision. On its own motion, the board may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision. (Ord. 2024-04, 2-13-24; Ord. 2008-06, 3-11-2008; Ord. 98-1, 1-7-1998; Ord. 94-3, 5-16-1994; Res. 93-6, 3-22-1993; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
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