(A) Establishment. The APC is established, with membership as provided by I.C. 36-7-4-200 Series.
(B) Organization. At the first meeting of the calendar year, the APC shall elect from among its members a Chairperson and a Vice-Chairperson as per established rules of procedure. Consistent with state law, it may appoint and fix the compensation of a secretary and such employees as it considers necessary to discharge its duties.
(C) Rules of procedure. The APC shall supervise and make rules for the administration of the affairs of the APC and prescribe uniform rules pertaining to investigations and hearings.
(D) Meetings and records. The APC, or Plat Committee as appropriate, shall hold a public hearing after the receipt of an application for a change of zoning, minor plat, primary plat, secondary plat or a change in development plan from the applicant or their agent in accordance with the established rules of procedure. Meetings of the APC shall be open to the public. Before holding the required public hearing, applicant must be in compliance with the established rules of procedure.
(E) Powers and duties.
(1) Subdivisions. The APC and Plat Committee as appropriate shall render decisions regarding subdivisions in accordance with Chapter 156 of this code and rules of procedure.
(2) Development plan. The APC shall render decisions regarding development plans in accordance with the development plan section of this chapter.
(3) Planned unit developments. In addition to requirements for development plan, the APC shall render recommendation regarding PUD District Ordinance to the appropriate legislative body in accordance with the PUD section of this chapter.
(4) Proposals to change the zone maps incorporated into the ordinance. The following procedure applies to a proposal to change the zone maps (whether by incorporating an additional map or by amending or deleting a map) incorporated by reference into this zoning ordinance.
(a) The proposal may be initiated either:
1. By the APC;
2. By a petition signed by property owners who own at least 50% of the land involved; and/or
3. By the appropriate legislative body; however, if the appropriate legislative body initiates the proposal, it shall require the APC to prepare it.
(b) The APC or petitioners shall prepare the proposal so that it is consistent with applicable state law.
(c) In considering the proposal, both the APC and the appropriate legislative body shall pay reasonable regard to:
1. The Comprehensive Plan;
2. Current conditions and the character of current structures and uses in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the jurisdictional area; and
5. Responsible development and growth.
(d) The APC shall give notice and hold a public hearing on the proposal in accordance with its rules of procedure.
(e) Whenever the APC deems it advisable they may permit or require the owner of a parcel of real property to make a commitment subject to the rules prescribed for commitments in this section. By permitting or requiring a commitment, the APC does not become obligated to recommend or not recommend the adoption of the proposal.
(f) Within ten business days after the APC determines its recommendation, the APC shall certify the proposal to the appropriate legislative body with a favorable recommendation, an unfavorable recommendation or no recommendation from the APC.
(g) The appropriate legislative body shall vote on the proposal within 90 days after the APC certifies the proposal. The appropriate legislative body’s consideration of the proposal is governed by I.C. 36-7-4-605.
(h) During the time when the proposal is being considered by the appropriate legislative body, the owner of a parcel of land may make a new commitment or modify the terms of a commitment made when the proposal was before the APC. No further action of the APC is required for a new commitment to be effective. If a commitment made when the proposal was before the APC is modified and the effect of the modification is to make the commitment more stringent, no further action of the APC is required for the modified commitment to be effective. However, if the effect of such a modification is to make the commitment less stringent, then the modified commitment must be ratified by the APC to be effective. A commitment made or modified under this provision is subject to the rules prescribed for commitment in this section.
(i) If the proposal is adopted, the APC shall update the zone maps that it keeps available with this chapter and the County’s Code of Ordinances.
(j) Unless the proposal provides for a later effective date, the updated zone maps contained in the proposal take effect when the proposal is duly adopted.
(5) Proposals to amend or partially repeal the text of the ordinance. The following procedure applies to a proposal to amend or partially repeal the text (not zone maps) of this chapter.
(a) The proposal may be initiated by either the APC or the appropriate legislative body; however, if the appropriate legislative body initiates the proposal, it shall require the APC to prepare it.
(b) The APC shall prepare the proposal so that it is consistent with applicable state law.
(c) In considering the proposal, both the APC and the appropriate legislative body shall pay reasonable regard to:
1. The Comprehensive Plan;
2. Current conditions and the character of current structures and uses in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the jurisdictional area; and
5. Responsible development and growth.
(d) The APC shall give notice and hold a public hearing on the proposal in accordance with its rules of procedure. The APC, in its discretion, may also give notice and hold hearings at other places within the county where the distribution of the population or diversity of interests of the people indicate that the hearings would be desirable.
(e) Within ten business clays after the APC determines its recommendation, the APC shall certify the proposal to the appropriate legislative body with a favorable recommendation, an unfavorable recommendation or no recommendation from the APC.
(f) The appropriate legislative body shall vote on the proposal within 90 clays after the APC certifies the proposal. The appropriate legislative body’s consideration of the proposal is governed by I.C. 36-7-4-607.
(g) If the proposal is adopted, the APC shall print the amendments to the Zoning Ordinance in book or pamphlet form, or arrange for them to be included in the county’s Code of Ordinances.
(h) Unless the proposal provides for a later effective date, the amendments contained in the proposal take effect when the proposal is duly adopted, except for any provision prescribing a penalty or forfeiture for a violation, which may not take effect until the APC complies with the applicable notice and filing requirements described in I.C. 36-7-4-610.
(i) The Director shall verify the completeness of the application and the date of verification shall be noted on the application.
(j) The APC shall send a copy of the application to the following agencies for their review and comments.
1. Boone County Health Department;
2. Superintendent of the affected school district;
3. The official, or officials, responsible for municipal street facilities and water and sewer utilities;
4. The applicable safety service agencies; and
5. Boone County Soil and Water Conservation District.
(6) Adoption or amendment of Comprehensive Plan.
(a) Adoption or amendment of the Comprehensive Plan shall be in accordance with Indiana Planning Law and established rules of procedure.
(b) The APC shall give notice and hold public hearings, one of which hearings shall be held in each participating city and in each of the townships within the county. At least ten days prior to the date set for the first hearing, the APC shall publish a schedule of all such meetings in accordance with its rules of procedure.
(F) Rules governing commitments.
(1) Form. A commitment must be substantiated by the form set forth in the APC’s rules of procedure, and must identify any specially affected persons or class of specially affected persons who may enforce the commitment. A commitment must authorize its recording by the Director in the Office of the Boone County Recorder.
(2) Recording; copies. A commitment shall be recorded in the Office of the Boone County Recorder and takes effect upon the adoption of the proposal to which it relates. Following the recording of a commitment, the Director shall return the original recorded commitment to the owner and shall retain a copy of the recorded commitment in the APC’s file.
(3) Persons bound. Unless it is modified or terminated by the APC in accordance with this section, a recorded commitment is binding on the owner of the parcel, a subsequent owner of the parcel and any other person who acquires interest in the parcel. An unrecorded commitment is binding on the owner of the parcel who makes the commitment. An unrecorded commitment is binding on a subsequent owner of the parcel or a person acquiring an interest in the parcel only if the subsequent owner or the person acquiring the interest has actual notice of the commitment.
(4) Modification or termination by APC. Except for a commitment modified or automatically terminated in accordance with this section, a commitment may be modified or terminated only by a decision of the APC made at a public hearing after notice of the hearing has been given under the APC’s rules of procedure.
(5) Rezone proposals; automatic termination. A commitment made in accordance with this section automatically terminates if after the adoption of the proposal to which it relates to the zone map applicable to the parcel is changed or the parcel is designated as a PUD District under this chapter.
(Ord. 98-25, passed 12-21-1998)