The powers and duties of the City Common Council, also known as the legislative body, with regard to this ordinance are defined by the Indiana Code, and are described in this chapter.
(A) Duties. Duties should be interpreted as activities that are obligations. Common Council duties include:
(1) Plans and ordinances. Adopt, reject or amend the comprehensive plan, any other plans and the unified development ordinance, as certified and submitted by the Plan Commission;
(2) Plan and ordinance amendments. Adopt, reject or amend proposals to amend or partially repeal the text of the comprehensive plan, any other plans and the unified development ordinance as certified and submitted by the Plan Commission;
(3) Zoning map amendments. Adopt, reject or amend proposals to amend the official zoning map certified and submitted by the Plan Commission;
(4) Planned unit developments. Adopt, reject or amend proposals for planned unit developments as certified and submitted by the Plan Commission; and
(5) Fee schedule. Adopt, reject or amend proposals to adopt or amend a fee schedule as certified and submitted by the Plan Commission.
(B) Powers. Powers should be interpreted as activities that are optional and may be initiated by the Common Council. Council powers include:
(1) Plan and ordinance amendments. Initiate amendments to the text of the comprehensive plan, any other plans, the unified development ordinance; and
(2) Zoning map amendments. Initiate amendments to the official zoning map.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
Planned Unit Developments, see Title XV, Chapter 5
(A) Authority. The Plan Commission is hereby authorized to perform those duties and functions specified in I.C. 36-7-4-400 et seq. and other applicable sections of state law and any other responsibilities as may be assigned to it from time to time by the Mayor, Common Council or Board of Zoning Appeals.
(B) Rules of procedure. The Commission shall adopt written rules of procedure for the administration of the affairs of the Commission and its staff for filing, notice and conduct of hearings.
(C) Establish advisory and review committees. The Plan Commission shall establish advisory and review committees as necessary, and shall determine the powers and duties, authority and membership of additional committees.
(1) Technical Assistance Committee.
(a) Establishment. A Technical Assistance Committee (TAC) is hereby established to assist the Plan Commission in the technical review of planned unit developments, development plans and subdivision plats, and to perform those duties as are outlined for the Committee by the unified development ordinance of the city.
(b) Membership. Committee membership shall be at the request of the Planning and Zoning Administrator. The Administrator may request the assistance of members of public and semi-public local and state departments, agencies and organizations, including but not limited to, the City Planning Department, Lebanon Utilities, the City Fire Department, the City Parks Department, the City Street Department, the City School Board, the Mayor’s office, the County Surveyor, the County Stormwater Board, the County Soil and Water Conservation District, the State Department of Transportation, the State Department of Natural Resources and the City Plan Commission.
(c) Duties. The duties of the Technical Assistance Committee shall be to give technical expertise to the Plan Commission regarding plans and proposals; and to perform those duties assigned to it by the Plan Commission. When required by this ordinance, the Technical Assistance Committee shall meet with the subdivider or applicants as per the meeting schedule established by the Administrator.
(d) Informal meetings. An applicant or subdivider seeking an informal meeting with the staff shall contact the Administrator to schedule a meeting date and time.
(e) Findings. The findings of the Technical Assistance Committee shall be advisory only and neither the applicant or subdivider nor the city shall be bound by any decision reached during a Technical Assistance Committee meeting. Findings of the Technical Assistance Committee shall be in writing and shall be submitted to the Plan Commission prior to the Commission’s review of a PUD concept plan, development plan or subdivision proposal.
(2) Plat Committee.
(a) Establishment. The Plan Commission may establish a Plat Committee to review and decide petitions for minor plats, secondary plats and administrative subdivisions.
(b) Membership. Committee membership shall be divided into two classes.
(1) Official members. Official members shall consist of three members. One of the members shall be a staff member representing the city and the remaining members shall be members of the Plan Commission who are not otherwise employed by the city, its subdivisions or instrumentalities.
(2) Ex officio members. Ex officio members shall be the Technical Assistance Committee (TAC).
(c) Appointment. Each member shall be appointed by the Plan Commission for one year.
(d) Removal. The Plan Commission may remove a member from the committee upon mailing written reasons for removal to the member.
(e) Decisions. The Committee may take action only upon a majority vote. In the event of any uncertainty as to compliance or classification of any subdivision, the Plat Committee shall forward the subdivision to the Plan Commission for consideration.
(f) Voting. Only official members of the Plat Committee shall be entitled to vote on matters requiring official action by the Plat Committee.
(g) Meetings. The Plat Committee shall meet at least as often as once each calendar month but not more than once per calendar week.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
Duties of the Planning and Zoning Administrator, see Title XV, § 2.3
Editor’s note:
City of Lebanon Plan Commission Rules of Procedures, as amended, are available at www.cityoflebanon.org.
(A) Duties. The Administrator, including his or her designee(s), will have the principal responsibility for the administration and enforcement of this unified development ordinance within the Plan Commission’s planning jurisdiction. The duties delegated by the Plan Commission to the Administrator, or his or her designee shall include, but not be limited to, the following:
(1) Interpretation and assistance. Provide interpretation of the unified development ordinance of the city when necessary and provide technical and clerical assistance as the Plan Commission and Board of Zoning Appeals may require;
(2) Public information. Provide and maintain a public information service relative to all matters or the Plan Commission and arising out of the unified development ordinance of the city;
(3) Permits. Reviewing, approving or disapproving all improvement location permits and other permits (Chapter 9: Permits, Certificates and Procedures) and keeping permanent records of applications made and actions taken;
(4) Inspections. Conducting inspections of structures and properties to determine compliance with the requirements of this ordinance and all approvals granted by the Plan Commission, Board of Zoning Appeals, Plat Committee or other body in the execution of its duties as established by this ordinance and the State Code;
(5) Record keeping. Maintaining permanent and current records documenting the application of this ordinance including, but not limited to, all maps, amendments, conditional uses, variances, waivers and appeals. The official zoning map shall be updated per the terms of the Plan Commission Rules of Procedure;
(6) Plan Commission applications. Receiving, processing, docketing and referring to the Plan Commission all appropriate applications;
(7) Board of Zoning Appeals applications. Receiving, processing, docketing and referring to the Board of Zoning Appeals all appeals, variances, conditional uses and other matters upon which it is authorized to act under this ordinance and the State Code;
(8) Technical Assistance Committee. Receiving, processing, docketing and referring to the Technical Assistance Committee all appropriate applications;
(9) Clerical and technical assistance. Providing all clerical and technical assistance as may be required by the Board of Zoning Appeals, Plan Commission, Technical Assistance Committee, legislative bodies or other body in the execution of its duties as established by this ordinance and the State Code; and
(10) Analysis. Conduct research and collect and analyze, on a continuing basis, all pertinent data on the growth and development of the city and its environs in order to provide a foundation for a planning program.
(B) Fee schedule. The Administrator shall maintain a schedule of fees, as approved by the Common Council, for all applications, permits and other processes outlined in this ordinance.
(1) Fee basis. All fees shall be intended to reimburse the Plan Commission for the time and cost of processing the required materials. In no instance shall a fee be used as a means of discouraging or encouraging any particular types of applications.
(2) Public access. The fee schedule shall be made available to the public by the Administrator.
(3) Establishment and revisions. The fee schedule shall be prepared by the Administrator, reviewed by the Plan Commission and approved by ordinance by the Common Council.
(a) The fee schedule may be amended by a recommendation submitted to the Common Council by the Plan Commission followed by the Council approval of a revised fee schedule ordinance.
(b) The Administrator shall review the fee schedule annually and bring any necessary revisions to the attention of the Plan Commission and Common Council.
(4) Payment required. Until all applicable fees have been paid in full, no action shall be taken on any application or petition.
(5) Fines for failing to obtain a permit. The Administrator may require any person who initiates construction of a structure or the alteration of land prior to obtaining any required permit to pay fines in accordance with the schedule in Chapter 10 of this ordinance. In addition to any enforcement cost, attorney’s fees for the activity may be included in addition to the established fine/penalty.
(C) Schedule of meeting and filing dates. The Administrator shall maintain an annual calendar of meeting and filing dates for the Technical Assistance Committee, Plat Committee, Plan Commission and Board of Zoning Appeals. The existence of this calendar shall not be interpreted as prohibiting special meetings of the Committees, Commission or Board.
(1) Coordination of calendars. The calendars of the Technical Assistance Committee, Plat Committee and Plan Commission shall be coordinated to ensure the efficient processing of applications.
(2) Conformance with the State Code. All meeting and filing dates shall be based on the requirements of this ordinance and the laws of the state.
(3) Approval of dates. The calendar of meeting and filing dates shall be prepared by the Administrator and approved by the Plan Commission and Board of Zoning Appeals (the Plan Commission shall be responsible for approving a coordinated calendar for the Technical Assistance Committee and the Plat Committee). The calendar of meeting and filing dates shall be reviewed and updated annually by the Administrator.
(D) Appealing a decision of the Administrator. Recourse from the decision of the Administrator shall be to the Plan Commission on matters pertaining to zoning. Recourse from the decision of the Plan Commission shall be to the Board of Zoning Appeals (BZA) and recourse from the decision of the BZA shall be to the courts as provided by law.
(Ord. 07-16, passed 12-10-2007)
Editor’s note:
Applications and other forms shall be available at the office of the Planning and Building Department and at www.cityoflebanon.org.
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