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The Basics of Plan Commissions and BZAs

Welcome to the Program. Mark Spelbring, Extension Educator, Parke County Plan Commission MemberKK Gerhart-Fritz, AICPThe Planning WorkshopVideo Credit Greg Dale. Video Seminar Series Sponsors. Purdue Cooperative Extension Service Land Use TeamIndiana Planning AssociationIndiana Farm Bureau

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The Basics of Plan Commissions and BZAs

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    1. The Basics of Plan Commissions and BZAs Quarterly Land Use Update January 25, 2006

    2. Welcome to the Program Mark Spelbring, Extension Educator, Parke County Plan Commission Member KK Gerhart-Fritz, AICP The Planning Workshop Video Credit – Greg Dale

    3. Video Seminar Series Sponsors Purdue Cooperative Extension Service Land Use Team Indiana Planning Association Indiana Farm Bureau, Inc. Ball State University, College of Architecture and Planning

    4. Seminar Series Endorsed by Indiana Association of Cities and Towns Association of Indiana Counties Indiana Rural Development Council Metropolitan Indianapolis Board of Realtors

    5. What is Planning? A “plan” for getting from the present to the desired future Deciding in advance, what to do, how to do it, and especially where to do it Community decisions about where things should be located, instead of everything being decided individually

    6. Grocery List Plan Example Plan party together, decide what is needed Send 3 people to the market for 10 items A – tell him what to get B – give him a written list C – give him a list, but send him hungry Who will get back with the right stuff? Communities with a plan might get there!

    7. What is Zoning? A tool to implement your plan Zoning with no plan makes no sense, since it is a tool to implement the plan Zoning comes from “Police Powers” of government, and protects all citizens by limiting what citizens can do with land Powers are limited to public purposes

    8. Planning and Zoning Planning and Zoning are optional for local governments, but if adopted they must be done according to state regulations Indiana code sets out requirements IC 36-7-4-xxx Note – don’t fear the code – anyone can read and understand most of it!

    9. Who are the Players? Legislative Bodies County Commissioners City/Town Councils Fiscal Bodies Planning Director and/or Staff Plan Commission Board of Zoning Appeals (BZA)

    10. Legislative Bodies Role – Law Making Power to adopt Comprehensive Plan Power to adopt Zoning Ordinance Power to adopt Subdivision Regulations Power to amend ordinances & maps Appoint members and may be one member of Plan Commission Appoint members of BZA

    11. Fiscal Bodies Role – Financial Support Appropriate funds for operation County Council City/Town Council May appoint members and may be one member of Plan Commission May appoint member of BZA

    12. Planning Director and/or Staff Role – Administration of the Law Administers zoning ordinance Interprets zoning ordinance Keep records and maps Staff for Plan Commission and BZA Appointment – depends upon law

    13. Plan Commission Role – Advisory and Law Administration Prepare Comprehensive Plan Prepare Zoning Ordinance Prepare Subdivision Ordinance Approve/Deny Subdivisions Make Recommendations on Proposed Changes to Zone Maps, Ordinance Text, and Comprehensive Plan

    14. Board of Zoning Appeals - BZA Role – Quasi Judicial Hear Appeals of Administrative Decisions Approve/Deny Special Exceptions Approve/Deny Contingent/Conditional Use Approve/Deny Variances Variance of Standards/Use Variance

    15. Confused Yet? Many players on planning & zoning teams All are public officials Each has a job to do Each should only do their own job Teamwork is critical to success Public debate strengthens government Public bickering will destroy public trust

    16. Learn the Language Ag District, Comprehensive Plan, Eminent Domain, Non-Conforming Use, Petitioner, Remonstrator, Special Exception, Takings, Urban Growth Boundary, Variance Reference – Purdue Extension Publication ID-228, The ABC’s of P & Z – A Planning & Zoning Glossary http://www.ces.purdue.edu/extmedia/agecon.htm#30

    17. Focus on Plan Commissions What were you told when asked to serve? It will be fun and won’t take much time You may get to stay up all night You will win friends and influence people You won’t be sued very often You will have a chance to serve and make a difference in the future of our community It’s a great place to start a political career

    18. Plan Commission – Main Types Advisory Plan Commission County City or Town Area Plan Commission Must include county and at least one municipality Includes rural and urban representation Metropolitan

    19. What is the Plan Commission? Independent commission Mainly private citizens Appointed by elected officials No legislative authority Little administrative authority Advisor to governing body Note – elected officials have final authority

    20. How Does Plan Comm. Work? Part of local government Behave as public officials Reference – Purdue Extension Publication ID-235, “What is the Plan Commission and How Does it Work?” Nitty Gritty Training Programs IPA Publications and Conferences

    21. Let’s Go To The Videotape Greg Dale presented information on Land Use Update, September 3, 2003, called Ethical and Defensible Decision Making This videotape can be obtained from members of Purdue Land Use Team We will just show part of it to let you see what’s available

    22. Discussion Question How is your plan commission doing on the points Greg Dale made in the videotape? Discuss at each site when we take our break in just a few minutes

    23. Plan Commission Review 1 Open Door Law Chance meetings Site visits Public meetings vs. public hearings Formalize public hearing time Reference – Purdue Extension Publication ID-232, “Plan Commission Public Hearings: A Plan Commissioner’s Guide”

    24. Plan Commission Review 2 Motions – taking official action “Positive” motions Approved motions Defeated motions Majority vote of full board Choices for recommendations – approval, denial, or make no recommendation

    25. Plan Commission Review 3 For a petition to change zoning, which motion would you prefer? Motion to deny Motion to recommend denial Motion to recommend denial because he is from out or town and we don’t know him Motion to recommend denial because the petitioner failed to show how increased traffic will not create a pedestrian hazard

    26. Plan Commission Review 4 Consensus on procedural items Voting processes Secret ballot – not really Paper ballot with decisions announced Roll call – change order of voting Voice vote with split decisions followed up with roll call vote

    27. Plan Commission Review 5 Rules of Procedure or By-Laws Get to know yours! Should spell out many details Attendance of members Conflicts of interest Ex parte communication Behavior of all participants

    28. Plan Commission Review 6 You must live by your ordinance BUT – You can propose changes! Amendments are not that hard to do Be responsive to changing conditions Questions?

    29. BREAK TIME – 5 MINUTES Questions/Answers will follow next presentation, so keep them handy Don’t forget your evaluation Suggestions are welcome!

    30. AFTER THE BREAK More sources of information Boards of Zoning Appeals KK Gerhart-Fritz, AICP The Planning Workshop

    31. Citizen Training 2006 Land Use Update -- Video Seminar Series K.K. Gerhart-Fritz, AICP January 25, 2006

    32. Need Help But Don’t Know Where to Turn? An offer you can’t refuse: Indiana Planning Association’s Citizen Planner Training Manual FREE DO IT YOURSELF (NO TRAINER) DO IT WHEN YOU WANT NO NEED TO TRAVEL What’s Not to Like?

    33. Indiana Planning Association’s Citizen Planner Training Manual 1: Plan Commission Basics 2: BZA Basics 4: Communications 5: Rules of Procedure 6: Ethics 7: Comprehensive Plans 8: Zoning Ordinance 9: Subdivision Control Ordinance 10: Site Plan Review

    34. Indiana Planning Association’s Citizen Planner Training Manual www.indianaplanning.org/citizen Chapter 3, avoiding pitfalls, coming soon

    35. BZA Basics 2006 Land Use Update -- Video Seminar Series K.K. Gerhart-Fritz, AICP January 25, 2006

    36. Disclaimers See IC 36-7-4-918.6 for counties with populations of 400,001 - 699,999 or 200,001 - 299,999 Metropolitan Development Commissions have additional regulations related to the BZA. See IC 36-7-4-918.8

    37. Test your BZA Knowledge: The Board of Zoning Appeals is a quasi-judicial body, meaning: a) they have to wear long black robes at the meetings b) the board's actions are similar to those conducted by courts c) every new member gets a gavel, and they can fix traffic tickets

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