(A) Pursuant to I.C. 36-7-4-202, the town hereby adopts the Advisory Planning Law, being I.C. 36-7-4, and establishes the Town Planning Department, which shall include the Town Advisory Plan Commission, the Town Board of Zoning Appeals and the necessary administrative officers and staff to implement and enforce the law of the state regarding land use, and all ordinances adopted by the town in association therewith.
(B) Pursuant to I.C. 36-7-4-207, the representation on the Town Advisory Plan Commission is as follows:
(1) Three persons appointed by the Town Council, who must be elected or appointed town officials or employees of the town; and
(2) Four citizen members appointed by the Town Council President, of whom no more than two may be of the same political party.
(C) Pursuant to I.C. 36-7-4-216, each citizen member shall be appointed, because of the member’s knowledge and experience in community affairs, the member’s awareness of the social, economic, agricultural and industrial problems of the area, and the member’s interest in the development and integration of the area. A citizen member may not hold any other elected or appointed office in government of the town, the county nor the state, and must be a resident of the jurisdictional area of the Town Advisory Plan Commission.
(D) The term of office of a member, who is appointed from the membership of the Town Council, shall be coextensive with the member’s term of office on the Council. The term of all other appointed members shall be four years. A member shall serve until his or her successor is appointed and qualifies. A member vacates his or her position when he or she fails to meet the residency requirements of this section, resigns or, if he or she no longer holds the elected office of Town Council member, or is no longer an employee of the town. A vacancy shall be filled by the appointing authority for the balance of the term. Notwithstanding the above, the initial appointments to the Town Advisory Plan Commission by the Town Council President shall be for terms of one year, two years, three years and four years, respectively, and as designated by the Town Council President at the time of appointment with each subsequent term thereafter to be for a period of four years. A member is eligible for reappointment.
(E) Pursuant to I.C. 36-7-4-902, the membership of the Town Board of Zoning Appeals shall consist of three citizen members, who shall be appointed by the Town Council President, one of whom must be a member of the Town Advisory Plan Commission, and two of whom must not be members of the Town Advisory Plan Commission. One citizen member shall be appointed by the Town Council, who must not be a member of the Town Advisory Plan Commission. One member shall be appointed by the Town Advisory Plan Commission from the citizen membership of the Town Advisory Plan Commission.
(F) Pursuant to I.C. 36-7-4-906, the initial term of the members of the Town Board of Zoning Appeals shall be staggered so that one member’s term is for one year, one member’s term is for two years, one member’s term is for three years and two members’ terms are for four years, as so designated by the original appointing person or entity. When an initial term of offices expires, each new appointment is for a term of four years. Each initial term shall expire, pursuant to I.C. 36-7-4-906, on the first Monday of January of the first, second, third or fourth year respectively after the year of the member’s appointment. A member of the Town Board of Zoning Appeals serves until his or her successor is appointed and qualified. A member is eligible for reappointment.
(G) The Town Planning Department shall be operated utilizing monies appropriated by the Town Council.
(Ord. 110910, passed 11-9-2010)