A. The Plan Commission is established pursuant to Sec. 2-7 of the Greenwood Municipal Code and in accordance with Ind. Code § 36-7-4. The Plan Commission shall adopt rules of procedure consistent with the provisions of Ind. Code § 36-7-4-400 series, as enacted by the Indiana General Assembly and acts amendatory thereof and supplementary thereto.
B. Meetings of the Plan Commission shall be held at the call of the President and at such other times as the Plan Commission may determine. All meetings, excluding executive sessions permitted by law, shall be open to the public. At the first meeting of each year the Plan Commission shall elect a President and Vice-President from among its members.
C. The Plan Commission shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions of which shall be of public record and be maintained in the office of the Plan Commission.
D. For the purpose of this Ordinance, the Plan Commission shall have the following responsibilities:
1. Initiate proposed amendments to the Ordinance;
2. Review all proposed amendments to the Ordinance referred to it by the Common Council and make recommendations on the same to the Common Council;
3. Review, hear, and act on applications for Site Development Plans, Subdivision Plats, Planned Unit Development master plans, and other determinations as required from time to time in accordance with state law; the Plan Commission may delegate to, and designate, planning staff to review and approve Secondary Plats and Site Development Plans;
4. Review and make recommendations to the Common Council on Zoning Map change applications, annexation applications, and Planned Unit Development concept plans;
5. Review and approve waivers from any of the regulations in this Ordinance if expressly permitted herein; and
6. Initiate and/or perform other planning functions, such as comprehensive planning, drafting amendments to the Comprehensive Plan, and perform studies as may be deemed appropriate or required by statute.
E. The Plan Commission shall establish a schedule of fees, charges, and expenses and a collection procedure for Improvement Location Permits, appeals, and other applications or petitions pertaining to this Ordinance. The schedule of fees shall be available to the public in the office of the Community Development Services Department or its representative and may be altered or amended only by recommendation of the Plan Commission and approval by the Common Council.
F. The Plan Commission shall establish a Technical Review Committee for the purpose of providing detailed review and recommendations to the Plan Commission concerning any proposed Site Development Plans or Subdivision Plats that may from time to time be submitted to the Plan Commission, which shall consist of the following:
1. City Engineer, or his/her qualified designee;
2. Director (Chairman);
3. Building Inspector;
4. Chief of Police;
5. Fire Chief;
6. Street Superintendent;
7. Sanitation Superintendent;
8. Director of Parks and Recreation; and
9. Any other persons deemed appropriate by the Plan Commission or the Director.
G. The Technical Review Committee shall limit its attention and recommendations to the design and construction aspects of the proposed development or subdivision with emphasis placed on public improvements, development plans, landscaping, traffic safety and circulation, utilities and drainage. The purpose of the Technical Review Committee is to provide technical assistance and recommendations. Approval or disapproval of a Site Development Plan or a Subdivision Plat is the responsibility of the Plan Commission or its designee.
H. The Technical Review Committee shall comply with the open meetings provisions of Ind. Code § 5-14-1.5-3, as amended from time to time. The committee shall meet prior to a Plan Commission meeting at which a subdivision plat or site development plan is to be heard and shall then submit its review comments and recommendations in writing to the Plan Commission or its designee. The Planning Director, or his or her designated representative, shall be responsible for scheduling meetings of the Technical Review Committee and keeping all records of the Committee’s comments and recommendations on file.
I. Zoning Text Amendments. Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Common Council may by ordinance, after receipt of recommendations from the Plan Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
1. Amendments to this Ordinance in accordance with Ind. Code § 36-7-4-602(b) may be initiated in one of the following ways:
a. By adoption of a motion by the Plan Commission; or
b. By adoption of a motion by the Common Council and referral to the Plan Commission for its review and recommendation.
2. The Plan Commission shall hold a public hearing within sixty (60) days of filing of the petition for zoning text amendment. The commission shall review the proposed zoning text amendment, and within ten (10) days of the Plan Commission’s determination, shall certify its recommendations to the Common Council.
3. Notice of the Plan Commission public hearing shall be given by the Plan Commission by at least one (1) publication in two (2) or more newspapers of general circulation in the City. Said notice shall be in the form prescribed by the written rules of procedure for the Plan Commission and shall be in accordance with Ind. Code § 5-14-15.5.
4. Recommendations of the Plan Commission and actions by the Common Council shall be performed in compliance with the time periods and requirements of Ind. Code § 36-7-4-607 et seq.
5. After receiving the recommendation of the Plan Commission, the Common Council at a public meeting thereof shall either adopt or fail to adopt the Ordinance. In the event that the recommendation of the Plan Commission is unfavorable to a property annexation or text amendment ordinance referred to it, the Ordinance shall not be passed except by affirmative vote of a least the simple majority of the members of the Common Council.
J. Zoning Map Changes. The Common Council may, from time to time, amend, supplement or change the regulations and districts or zones of this Ordinance or any regulations or districts or zones subsequently established.
1. Petitions requesting a zoning map change in accordance with Ind. Code § 36-7-4-602(c) shall be filed with the Planning Director. Said petitions may be initiated by:
a. The Common Council;
b. The Plan Commission; or
c. The owner(s) of fifty-one percent (51%) or more of the area involved in the petition.
2. Any proposed ordinance for the amendment, supplement, change or repeal of this Ordinance not originating from petition of the Plan Commission shall be referred to the Plan Commission for consideration and recommendation before any final action is taken by the Common Council.
3. Written Application - All Zoning Map Change petitions shall be filed on application forms as prescribed by the Plan Commission. All applications must be submitted in accordance with the provisions herein.
4. Applicants shall serve notice to all “interested parties” as defined in the written rules of procedure of the Plan Commission. Such notice shall be in the form prescribed by the Plan Commission.
K. Waiver of Minimum Standards: Conditions and Procedure.
1. The Plan Commission may, in its discretion, authorize and approve waivers from the minimum requirements and standards herein upon finding that:
a. The approval of the waiver request will not be detrimental to the public safety, health, and welfare, or injurious to property within a reasonable proximity to the subject property involved in the waiver request;
b. The strict application of the applicable Ordinance standard will result in practical difficulties in the development due to the particular physical surroundings, unique constraints, or topographical conditions of the subject property. These conditions will not substantially alter the character of the subject district or zone;
c. The practical difficulties were not self-imposed and cannot be overcome by reasonable design alternatives. Financial hardship does not constitute a practical difficulty; and
d. The waiver request is necessary and represents a minimal deviation from explicit Ordinance standards.
2. In approving waivers, the Plan Commission may impose such conditions as will, in its judgement, substantially secure the objectives hereof.
3. Applications for waivers shall be submitted to the Plan Commission in accordance with this Ordinance. On the application, the applicant shall describe the requested waivers and shall submit evidence in support of each requested modification. The applicant shall bear the burden of establishing a sufficient factual basis for each requested modification.
4. The Plan Commission’s decision to grant or deny a modification or to impose a condition is discretionary.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)