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HomeMy WebLinkAbout1984-OR-13Ordinance concerning the City Plan Commission and the Board of Zoning Appeals in the City of Jeffersonville, Indiana as authorized by I.C. 36-7-4-207 and 36-7-4-902. SECTION I WHEREAS, the present Plan Commission of the City of Jeffersonville, Indiana, and the Board of Zoning Appeals have concluded that they were inappropriately appointed and that their appointments might be in conflict with the applicable provisions of the Indiana Code, and; WHEREAS, the Common Council of the City of Jeffersonville, Indiana, desires to reestablish the aforementioned Plan Commission and the Board of Zoning Appeals pursuant to the provisions of the Indiana Code there is hereby reestablished an Advisory Board of Zoning Appeals for the City of Jeffersonville and an Advisory Plan Commission for the City of Jeffersonville, Indiana. SECTION II Plan Commission shall be composed of seven The Advisory (7) members. The Common Council shall appoint three (3) persons in the municipal government as members. The municipal executive~ shall appoint four (4) citizen members of whom no more than two (2) may be of the same political party. SECTION III Upon the creation of the Plan Commission, the citizen members shall be appointed for the following terms: 1. Two (2) for a term of three (3) years 2. Two (2) for a period of four (4) years All such terms shall expire on the first day of January, on the third or fourth year, respectively, following their appointment. Thereafter, as the terms expire, each new appoint- ment shall be for a term of four (4) years. SECTION IV The Clerk-Treasurer shall certify the members of the Plan Commission who are appointed by the Common Council. The certificate shall be sent to and become part of the records of the Plan Commission. The Mayor shall make similar certification for the appointment of the citizen members. SECTION V The citizen members of the Plan Commission shall be qualified by knowledge and experience in matters pertaining to the develop- ment of the City, shall hold no other office in City government and shall be residents of the City. SECTION VI At its first regular meeting in each year the Plan Commission shall elect from its members a President and Vice President. The Vice President shall have the authority to act as President of the Commission during the absence or disability of the President. SECTION ~II The Plan Commission may appoint and prescribe the duties and fix the compensation of the secretary, and such employe~s as are necessary for the discharge of the duties and the responsibilities of the Commission. All such compensation, however, shall be in conformity to and compliance with the salaries and compensation fixed by the Common Council. the Plan Commission may make contracts for special or temporary services and any special counsel. SECTION ~LII A majority of members of the Plan Commission qualified to vote, shall constitute a quorum, but no action of the Commission is official unless authorized by a majority of the Commission at a regular or properly called special meeting. SECTION IX · The Plan Commission shall fix the time for holding regular meetings, at least monthly. SECTION X Special meetings of the Plan Commission may be called by its President orby two of its members upon written request to the secretary. The secretary shall send to all the members, at least two (2) days in advance of the special meeting, written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting-or if all members are present at the special meeting. SECTION XI In addition to all the powers and duties enumerated by the provisions of this Ordinance, the Plan Commission shall have such other powers and duties as may be provided by State law or by the Common Council. SECTION XII Pursuant to the provisions of the I.C. 36'7-4-902 there is hereby reestablished an Advisory Board of Zoning Appeals consisting of five (5) members as follows: 1. Three (3) citizen members appointed by the Mayor of Jeffsrsonville, of which one (1) must be a member of the Plan Commission and two (2) members which must not be members of the Plan Commission. 2. One (1) citizen member appointed by the Common Council of the City of Jeffersonville who must not be a member of the Plan Commission. 3. One (1) citizen member appointed by the Advisory Plan Commission who must be a member of the Plan Commission other than the member appointed by the Mayor under subdivision (1). SECTION XIII Upon the creation of the Board of Zoning Appeals the Mayor's appointees shall be appointed for the following terms: 1. One (1) for a period of two (2) years 2. One (1) for a period of three (3) years 3. One (1) for a period of four (4) years The individual who is appointed as a joint member of the Plan Commission and Board of Zoning Appeals shall be appointed to the four (4) year term. Ail such terms shall expire on the first day of January, on the second, third and fourth year respectively, following their appointment. Thereafter as the terms expire, each new appointment shall be for a term of four (4) years. The Common Council's appointee and the Plan Commission's appointee shall be appointed annually. SECTION XIV At the first meeting of each year the Board shall elect a Chairman and a Vice Chairman from among its members, and it may appoint and fix the compensation of the secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by the Common Council. SECTION XV The Board shall adopt such rules and regulations as it may deem necessary to effectuate the provisions of this Ordinance. SECTION XVI All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, keep records of its examinations and other official action, prepare findings and record the vote of each member voting upon each question. All minutes and records shall be filed with the office of the Board and shall be of public record. SECION XVII Any decision of the City Building Commissioner in the enforcement of the City Building Code may be appealed to the Board by any person claiming to be adversely affected by such decision. The Board shall have the following powers and it shall be its duty to: 1. Hear and determine appeals from and review any order, requirement, decision or determination made by the Building Commissioner in the enforcement of the Building Code. 2. Hear and decide on permits for conditional uses, development plans or other uses upon which the Board is required to act under the Building Code. 3. Authorize upon appeal in specific cases such variances from the terms of the Building Code as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of the Building Code will result in unnecessary hardship and so that the spirit of the Building Code shall be observed and substantial justice done. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the City Building Commissioner from whom the appeal is taken. Every decision of the Board shall be subject to review by certiorari. No variance in the application of the provisions of the Building Code shall be made by the Board relating to buildings, land or premises now existing or to be constructed, unless after a public hearing, the Board shall find: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and district. 2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied to the property in question. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located. That the granting of such variance will not alter the land use characteristics of the vicinity and district, diminish the marketable value of adjacent land and improvements or increase the congestion in the public streets. Following the passage by the Board of a Variance, the applicant shall within the six (6) months apply for a building permit to construct such Variance as approved by the Board. In the event the applicant fails to make application for a building permit within Variance granted shall six (6) months of the approval, the be void. SECTION VIII The Board shall have any other powers granted by State Statute or the Common Council. SECTION XIX All other ordinances, Resolutions or parts thereof in conflict with the provisions and intent of the ordinance are hereby repealed. SECTION XX This ordinance shall be in full force and effect from and after its passage, and approval, according to the laws of the State of Indiana. Adopted this /~ 'day of ~ , 1984. MAYOR DALE L. OREM Attest: ~. RICHARD SPENCER~ JRt/ CLERK-TREASURER Presented by me as Clerk-Treasurer to the Mayor of said City of jeffersonville, this /~. day of ~- ' 1984. CLERK-TREASURER Approved and signed by me this , 1984. /3' day of MAYOR DALE L. OREM