Beyond Basics: Making Informed Public Decisions

Quarterly Land Use UpdateMarch 7, 2005

Welcome to the Program

Mark Spelbring, Extension Educator, Parke County Plan Commission

Dave Osborne, Extension Educator, Ripley County Plan Commission

Jamie Palmer, A.I.C.P., Policy AnalystCenter for Urban Policy & the Environment

Video Seminar Series Sponsors

Purdue Extension Land Use Team Indiana Land Resources Council Indiana Planning Association Indiana Farm Bureau, Inc. Ball State University, College of

Architecture and Planning

Seminar Series Endorsed by

Indiana Association of Cities and Towns

Association of Indiana Counties Indiana Rural Development Council Metropolitan Indianapolis Board of

Realtors

LEGISLATIVE UPDATE

Remember that state laws govern how local planning and zoning works

Jamie Palmer follows legislation and will report on the current session

2005 Indiana Legislation

Jamie L. Palmer, AICP

Indiana Planning Association

Process

~1,500 bills proposed; 150+ have some connection to land development and planning

Most die without a hearing Deadline for passing house of origin has

passed Germaneness

2005 Issues

Government restructuring Planning and zoning Annexation Agriculture and forestry protection Other

– TIF and tax abatement– Manufactured/mobile homes

Keeping Track

Indiana General Assembly web site (www.in.gov/legislative/)

Indiana Planning List Serv (requires IPA membership)

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

What is Zoning? A tool to implement your plan Zoning without a 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

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)

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

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

Greg Dale’s Decision Checklist

Notice Opportunity to be heard Full Disclosure Unbiased Decisions Timely Decisions Complete Records Clear Rules

Plan Commission Review 1

Open Door Law Chance meetings, Site visits Executive Sessions

Public meetings vs. public hearings Reference – Purdue Extension

Publication ID-232, “Plan Commission Public Hearings: A Plan Commissioner’s Guide”

Plan Commission Review 2

Motions – taking official action “Positive” motions Approved motions Defeated motions Majority vote of full board 3 choices for recommendations

Plan Commission Review 3

Consensus on procedural items Voting processes

Secret ballot Paper ballot with decisions

announced Roll call – order of vote Voice vote with split decisions

followed up with roll call vote

Plan Commission Review 4

Rules of Procedure or By-Laws Should spell out these details Attendance of members Conflicts of interest Ex parte communication Behavior of all participants

Plan Commission Review 5

You must live by your ordinance BUT You can propose changes if needed! Amendments are not that hard to do Be responsive to changing

conditions

Mock Meeting Script 1

Rezoning Request from Agriculture to Business

Read Script

Discuss and Share

Mock Meeting Script 2

Planned Unit Development

Read Script

Discuss and Share

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

Board of Zoning Appeals 1

NOT same as Plan Commission Shared members enhance

communication No members are elected officials Not just recommendations – BZA

makes final decisions! Decision appeals go directly to court Ex parte communications illegal

Board of Zoning Appeals 2

IC 36-7-4-900 series Why were they created? Hear appeals to administrative

decisions Safety value against abuse of power Decisions made by peers

Board of Zoning Appeals 3

Ordinance specifies special exceptions

Ordinance specifies contingent and/or conditional uses

Variance of standards Variance of use – not in Area Plan BZA must decide all such petitions

Special Exceptions

A use anticipated in a district, but which requires special review before approval

Finding of Facts Approval of all points required If all points approved, must be

approved Conditions can be added

Variance of Standards

Physical rules, such as height, setbacks

Any BZA can approve variances to standards

3 required criteria to consider Practical difficulties

Always discretionary – not automatic, even if all 3 criteria are satisfied

Variance of Use

Only under Advisory Plan Commissions

Some see this as backdoor rezoning 5 required criteria to consider

Unnecessary hardship Approve specific use by specific

person, so approval expires if either changes

BZA Mock Meeting Script

City Board of Zoning Appeals

Variance of use application

Future Program Dates PLEASE COMPLETE EVALUATION

Thursday, June 16 Thursday, September 8

Suggestions are welcome! Have a safe trip home