Beyond Basics: Making Informed Public Decisions

1. Beyond Basics: Making Informed Public Decisions Quarterly Land Use Update March 7, 2005

2. 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 Analyst Center for Urban Policy & the Environment

3. 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

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. LEGISLATIVE UPDATE • Remember that state laws govern how local planning and zoning works • Jamie Palmer follows legislation and will report on the current session

6. 2005 Indiana Legislation Jamie L. Palmer, AICP Indiana Planning Association

7. 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

8. 2005 Issues • Government restructuring • Planning and zoning • Annexation • Agriculture and forestry protection • Other • TIF and tax abatement • Manufactured/mobile homes

9. Keeping Track • Indiana General Assembly web site (www.in.gov/legislative/) • Indiana Planning List Serv (requires IPA membership)

10. 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

11. 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

12. 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)

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. 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

15. Greg Dale’s Decision Checklist • Notice • Opportunity to be heard • Full Disclosure • Unbiased Decisions • Timely Decisions • Complete Records • Clear Rules

16. 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”

17. Plan Commission Review 2 • Motions – taking official action • “Positive” motions • Approved motions • Defeated motions • Majority vote of full board • 3 choices for recommendations

18. 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

19. 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

20. 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

21. Mock Meeting Script 1 • Rezoning Request from Agriculture to Business • Read Script • Discuss and Share

22. Mock Meeting Script 2 • Planned Unit Development • Read Script • Discuss and Share

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. BZA Mock Meeting Script • City Board of Zoning Appeals • Variance of use application

31. Future Program Dates • PLEASE COMPLETE EVALUATION • Thursday, June 16 • Thursday, September 8 • Suggestions are welcome! • Have a safe trip home