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Staying Legal

Staying Legal. 95% of plan commission and BZA processes are administrative Staff makes judgment calls routinely. Staying Legal. Can a case be re-heard after it’s been denied? Can more landscaping one place compensate for less landscaping in another?

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Staying Legal

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  1. Staying Legal 95% of plan commission and BZA processes are administrative Staff makes judgment calls routinely

  2. Staying Legal Can a case be re-heard after it’s been denied? Can more landscaping one place compensate for less landscaping in another? Can you request a 10 dog kennel when you advertised a 9 dog kennel? Does a plat amendment have to be advertised when you’re reducing # of lots? Can the director issue a temporary certificate of occupancy? Can a wheelchair ramp extend across a front setback? How may continuances can an applicant have? Does the plan commission have to re-advertise a continued case? Can an application be filed after the deadline?

  3. Staying Legal Potential for procedural errors Staff’s Role In Staying Legal Understand state requirements Establish local procedures Document procedures Apply equally to all parties

  4. Staying Legal Open Door Law (IC 5-14-1.5-1) Posting agendas Public notice Executive sessions Access by disabled persons Public Notice Requirements (IC 5-3-1) Qualified publications Form of advertisements Other Forms Of Notice Notice letters to interested parties Signs

  5. Staying Legal Rules of Procedure Findings of Fact Also Indiana Planning & Zoning Law (IC 36-7-4) Zoning, Subdivision Control Ordinances

  6. Staying Legal Other Forms of Notice Written notice to nearby property owners Post sign on property Requirement may be spelled out in ZO or in rules of procedure IMPORTANT Document additional notice requirements Specify Form of notice The information to be supplied to interested parties Define “interested parties” Form of confirmation of notice Who is responsible for posting notice Deadline by when notice must be given

  7. Staying Legal Rules of Procedure Document establishing routine procedures for PC, BZA Different than ZO provisions Procedural “handbook” for staff IMPORTANT Document standard procedures Include Membership, officers, staff, committees Meeting notice, rules, time/place, quorum Application processing, deadlines Conduct of hearings Disposition of cases

  8. Staying Legal Findings of Fact Administrative end result of the application and review process Document what was approved and why Should be considered staff responsibility to draft findings IMPORTANT Base findings on clear statutory or ordinance standards Drafting findings helps clarify planning and zoning issues in question Prepared findings give PC, BZA a place to begin deliberations Draft findings serve as a staff recommendation Staff exercise when unsure: do both positive and negative findings

  9. Staying Legal Open Door Law Google “IC 5-14-1.5” www.in.gov/pac/2332.htm Public Notice Google “IC 5-3”

  10. Staying Legal Planning Questions APA, IN Chapter (www.indianaplanning.org) Listserv@listserv.iupui.edu, “SUBscribe INPLANNING-L” in message body Don F. Reitz, AICP (dreitz@co.hendricks.in.us)

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