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Welcome to The Plan Commission and BZA

Welcome to The Plan Commission and BZA

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Welcome to The Plan Commission and BZA

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  1. Welcome to The Plan Commission and BZA Quarterly Land Use Update January 23, 2008 Purdue University is an Equal Opportunity/Equal Access institution. Purdue University is an Equal Opportunity/Equal Access institution.

  2. Purdue University is an Equal Opportunity/Equal Access institution. Purdue University is an Equal Opportunity/Equal Access institution.

  3. Welcome to the Program • Mark Spelbring, Extension Educator, Parke Co. Plan Commission Member • KK Gerhart-Fritz, AICP The Planning Workshop • Video Credit – Greg Dale Purdue University is an Equal Opportunity/Equal Access institution.

  4. 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 Purdue University is an Equal Opportunity/Equal Access institution.

  5. Seminar Series Endorsed by • Indiana Association of Cities & Towns • Association of Indiana Counties • Indiana Rural Development Council • Metropolitan Indianapolis Board of Realtors Purdue University is an Equal Opportunity/Equal Access institution.

  6. Outline for this Evening • KK Gerhart-Fritz Presentation • Questions • Videotape Segment with Greg Dale • Discussion, Review, Questions Purdue University is an Equal Opportunity/Equal Access institution.

  7. Welcome to the Plan Commission & BZA 2008 Land Use Update Video Seminar Series K.K. Gerhart-Fritz, AICP

  8. What I’ll Discuss: • What is Planning? • Who Does What? • Indiana Code Considerations • Tools • Common Issues • Questions & Answers

  9. Top 10 Reasons to Join the BZA or Plan Commission 10)There is no initiation fee for this club 9) Don't have to wear a fez at planning conventions 8) Free take-home scrap paper after every meeting 7) You want to prove Hoosiers can count ballots better than those Florida plan commissions 6) The secret handshake

  10. Top 10 Reasons to Join the BZA or Plan Commission 5) You help economy by keeping lawyers working 4) The optometrist says you have "20/20 vision" 3) You're waiting for a Hollywood producer to spot you on the local cable access channel 2) Secretly hoping they'll name a zoning district after you 1)All the perks -- like the huge salary

  11. What is planning? Webster's New Collegiate Dictionary: • Plan (the noun): "a method for achieving an end…. A goal .…. A detailed formulation of a program of action…. an orderly arrangement of parts of an overall design or objective” • Plan (the verb): "to devise or project the realization or achievement of …. To arrange the parts of…. To have in mind or intend"

  12. What is planning? Multiple choice -- raise your hand: Planning is: a) A process b) A product c) Both

  13. A Process and a Product... • The planning process can be just as important as the final plan document, if not more so! • Why is this true?

  14. Why do communities plan? conservation of natural resources, farmland preservation, infill development and redevelopment, growth management, provide good transportation network, fiscal decision-making, think about future generations, provide recreation choices, historic preservation, a variety of housing, good drainage, public safety, good schools, utility access, NIMBYs and LULUs….

  15. Why Plan? • It’s about being PROACTIVE, instead of REACTIVE! • Even if local officials don’t plan, other groups are still doing it (utilities, state hwy, etc.) • Everyone may have a different reason for planning -- that’s okay! • Planning’s fundamental goal is to improve your community

  16. Why Plan -- Good Times • Manage growth • Plan for prosperity, more growth • Make sure there are adequate resources • Preserve resources

  17. Why Plan -- Bad Times • Plan to use scarce resources wisely • Can’t afford not to!

  18. Philosophy of Planning • One reason communities plan is to ensure the needs of the whole community are considered, not just benefits to individuals. • Community planning is based upon a concept of the public interest. • Some flexibility in the use of individual land is given up in exchange for creating a community in which the interests of all are considered.

  19. You are a Public Official & a Planning Policymaker! • Public officials: • trustees of the future • responsibility to help prevent growth patterns that result in wasteful and inefficient use of public resources • When communities plan: • they establish and implement a public policy for the community • they create a guideline for decisions on development

  20. Government Framework • Planning & Land Use Control -- Local • Parameters Set by Enabling Act -- State

  21. Local Planning Structure • Governing Body • County Commissioners • Town Council • City Council • Plan Commission • Board of Zoning Appeals

  22. Local Governing Body • Role – Law Making • Elected • Power to adopt comprehensive plan • IC 36-7-4-509 • Power to adopt zoning ordinance • Power to approve rezonings • Power to adopt subdivision ordinance • Appoints some board & commission members

  23. Plan Commission • Role -- The Land Use Experts • Appointed/serve by virtue of position • Prepares Comp Plan (IC 36-7-4-501) • Prepares Zoning Ord (IC 36-7-4-602a) • Prepares Subdivision Ord (IC 36-7-4-701b) • Provides Zoning Map Recs (IC 36-7-4-602b) • Provides Comprehensive Plan Recs • Subdivision Plat Approval

  24. Types of Plan Commissions • Advisory -- May be county or municipality • Area -- County joins with at least 1 municipality • Metropolitan -- Indianapolis

  25. Types of Plan Commissions • Planning laws differ depending on type: • Membership, appointments (also differs depending on type of local govt) and size of commission • Area plan allows no use variances • Cities/towns forbidden an ETJ in Area plan counties

  26. Board of Zoning Appeals • Role -- Quasi-Judicial “Relief Valve” • Appointed • Power to Hear Appeals of Administrative Decisions • Power to Grant Variances from Zoning Ordinance • Power to Grant Special Exceptions/ Conditional Uses

  27. Other Players • Fiscal Body • Planning Staff • Citizens • Applicants

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

  29. Planning Staff • Role – Administration of the Law • Staff for Plan Commission and BZA • Administers zoning ordinance • Interprets zoning ordinance • Keep records and maps • Prepare staff report -- can make recommendation • Train and educate PC & BZA • Appointment – depends upon law

  30. Citizen • Not just a taxpayer or a voter -- get involved and be informed • Your responsibility to try to get them involved • Input through public hearings -- help them give you relevant info by explaining what you must consider • Input through comp plan -- promote public participation

  31. Applicant • Provide complete application • Prove their case

  32. Confused? • 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

  33. Tools You Need to Know • Comprehensive Plan • Zoning Ordinance • Subdivision Ordinance • Rules of Procedure

  34. Comprehensive Plan • Long-range (20+ years) • Covers entire jurisdiction (and maybe more) • Traditionally addresses physical elements, but may get into economic & social

  35. Comprehensive Plan • Involves goal-setting • Provides context for complex decisions • Continuing interactive process

  36. Indiana Code Requirements • IC 36-7-4-500 series • 3 things required: • Statement of objectives for future development of community • Statement of policy for land use development of jurisdiction • Statement of policy for public ways, places, lands, structures and utilities

  37. Indiana Code Options • Parks & recreation, flood control, transit, natural resource protection, education, farmland protection, redevelopment of blighted areas, etc. • Maps • Most Comprehensive Plans contain optional elements

  38. More on Comprehensive Plans • Plans should be reviewed regularly and updated periodically -- how old is yours? • Comprehensive plan is a guideline • The plan commission is responsible for the plan, but may be assisted by staff, by consultants, by volunteers, or by any combination • Ordinances should match comp plan

  39. Why we have Zoning • The original objective of zoning was to ensure that commercial and industrial development was segregated from residential areas.

  40. Zoning Quiz Zoning is an expression of ____ power. a)fire b)police c) super Zoning came to the USA from: a)Pre-WWI Germany b)Communist Russia c)Mars

  41. IN the Zone Zoning has the power to regulate activity by private persons for the health, safety, morals and general welfare of the public.

  42. IN the Zone Power is delegated to the state by the feds, and localgovernments only have power when it is delegated by the state ("enabling legislation"). The U.S. Supreme Court has upheld zoning as a valid use of police power.

  43. How it Works • Indiana law requires a map, showing the districts into which the jurisdiction is divided. • The text of the zoning ordinance specifies the permitted uses and developmental standards (building size regulations, setbacks, parking, etc.) for each zoning district • Must have comp plan to have zoning

  44. IC 36-7-4-603 Rezoning Criteria Theplan commission and legislative body shall pay reasonable regard to: (1) the comprehensive plan; (2)current conditions and character of current structures and uses in each district; (3) the most desirable use for which the land in each district is adapted; (4) the conservation of property values throughout the jurisdiction; and (5) responsible development and growth.

  45. Rezoning Process • The plan commission holds a public hearing and makes a recommendation to the legislative body • The legislative body (county commissioners or town/city council) makes the final decision • Rezoning can be initiated by local government or property owner

  46. BZA Cases BZA hears 3 types of cases: 1) Variance requests • Developmental standards variances • Variances of use (not available to area plan commissions) 2) Special exception /conditional use requests 3) Appeals from administrative decisions

  47. BZA Caution • Planning staff may file a staff report with the BZA relating to the case • No one else may contact any BZA member before the hearing with intent to influence the member's action per Indiana Code

  48. Variances • BZA has final authority • Relief valve for zoning ordinance • Two types: • Variances from developmental standards • Use variances (not available to area plan commissions)

  49. Development StandardsVariance Criteria • IC 36-7-4-918.5 • the approval will not be injurious to the public health, safety, morals, and general welfare of the community

  50. Development StandardsVariance Criteria • the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner