SECTION 4

ADMINISTRATION

4.01        Area Plan Commissions.

A.      Establishment.

The area planning law is hereby re-adopted and the Area Plan Commission of Vigo County, Indiana, is hereby re-established in accordance with Indiana Code 36-7-4-200 et seq.

B.      Membership.

In accordance with Indiana Code 36-7-4-211; the representation and composition of the Commission shall be as follows:

1.      Vigo County representation:

a.      One (1) member appointed by the legislative body of the county from its membership;

a.                Five (5) citizen members appointed by the county legislative

body of the county following the procedures prescribed in this subsection. In order that the citizen representation is apportioned over the entire County, the legislative body of the County shall divide the unincorporated areas of the County into five (5) planning districts. The township trustees of each township shall nominate one (1) resident freeholder of the township as a candidate for the office of planning commissioner. From the list of nominees submitted by the trustees, the legislative body of the County shall appoint one

(1) resident freeholder from each planning district to serve as a citizen member on the Area Plan Commission.

2.    The representation for the City of Terre Haute, Indiana shall be as follows:

a.                One (1) member of the Board of-Works or the Board of Sanitary Commissioners appointed by the Mayor of the City of Terre Haute;

b.      One (1) member of the legislative body appointed by the legislative body;

b.                Three (3) citizen members appointed by the executive.

3.    The representation for the Town of Riley, Indiana shall be one (1) member and shall be appointed by the Town Board of the Town of Riley.

4.                The representation for the Town of Seelyville, Indiana shall be one (1) member and shall be appointed by the Town Board of the Town of Seelyville.

5.                The representation for the Town of West Terre Haute, Indiana shall be one (1) member and shall be appointed by the Town Board of the Town of West Terre Haute.

Qualifications and terms of citizen members are as prescribed by the Area Planning Law (Indiana Code 36-7-4-216).

B.                Organization.

1.                Meetings and Minutes.

The Commission shall fix the time for holding regular meetings each month or as necessary The Commission shall keep minutes of its meetings. The minutes of Commission meetings and all records shall be filed in the Department and are public records.

2.      Officers.

At the first meeting in each year, the Commission shall elect from its members a President and a Vice President.. The Vice President may act as President of the Commission during the absence or disability of the President: The Commission may appoint a Secretary, who is not required to be a member of the Commission.

D.    Duties and Powers.

The Commission is hereby vested with the duties and powers imposed upon and granted to an area plan commission under area planning law, including, without limitation, the powers and duties listed below. To effectuate the purposes of this Ordinance, the Commission:

1.    shall exercise general supervision of, and make rules for, the administration of the affairs of the Department;

2.    shall make recommendations to the participating legislative bodies concerning:

a.      proposals to amend the Comprehensive Plan;

b.      proposals to amend or partially repeal the text of this ordinance;

c.      proposals to change the official Zone Maps whether by incorporating an additional map or by amending or deleting a map; and,

d.      planned unit development proposals under the terms of this ordinance;

3.    shall approve all plans and commitments as provided in this Ordinance;

4.    may establish a schedule of reasonable fees to defray the administrative costs connected with:

a.      processing and hearing administrative appeals and petitions for rezoning, special exceptions, variances, planned unit development approvals;

b.      issuing Improvement Location Permits and special exception permits; and

c.      other official actions taken under this Ordinance;

5.    may invoke any legal, equitable, or special remedy available under this Ordinance or applicable law for the enforcement of the provisions of this Ordinance or actions taken hereunder;

6.    may request the Vigo County Prosecutor to take appropriate action inn any case involving the violation of this Ordinance and the Prosecutor shall act when so requested;

7.    may designate a hearing examiner or a committee of the Commission to conduct any public hearing required to be held by the Commission;

8.    shall appoint the Director and fix the Director's compensation, provided that, to the extent permitted by applicable law, the appointment of the Director must be confirmed by the Board of Commissioners of the County of Vigo within thirty (30) days after the Commission's appointment of the Director, provided further that the Board of Commissioners of the County of Vigo shall be deemed to have confirmed such appointment unless such appointment is disaffirmed by the Board of Commissioners of the County of Vigo at a regular or special meeting by a majority of the Commissioners within thirty (30) days after the Commissioner's appointment of the Director;

9.    may appoint one or more attorneys to advise the Department and to assist in the enforcement of this ordinance and the area planning law, provided that, to the extent permitted by applicable law, the appointment of any such attorney must be confirmed by the Board of Commissioners of the County of Vigo within thirty (30) days after the Commission's appointment of any such attorney, provided further that the Board of Commissioners of the County of Vigo shall be deemed to have confirmed such appointment unless such appointment is disaffirmed by the Board of Commissioners of the County of Vigo at a regular or special meeting by a majority of the Commissioners within thirty (30) days after the Commissioner's appointment of any such attorney;

10.   may employ one (1) attorney on a full-time basis, provided that, to the extent permitted by applicable law, the appointment of any such attorney must be confirmed by the Board of Commissioners of the County of Vigo within thirty (30) days after the commission's appointment of any such attorney, provided further that the Board of Commissioners of the County of Vigo shall be deemed to have confirmed such appointment unless such appointment is disaffirmed by the Board of Commissioners of the County of Vigo at a regular or special meeting by a majority of the Commissioners within thirty (30) days after the Commissioner's appointment of any such attorney;

11.      shall keep a complete record of all departmental proceedings;

12.   shall record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Department;

13.   shall prepare, publish, and distribute reports, ordinances, and other materials relating to the activities authorized under Indiana Code 36-7-4;

14.      shall adopt a seal;

15.            shall certify official acts;

16.      supervise the fiscal affairs of the Department;

17.   prepare and submit an annual budget in the same manner as other departments of county government and be limited in all expenditures to the provisions made for the expenditures by the County Council of Vigo County; and,

18.            may exercise ail powers conferred on it by State law, local ordinance, or rule in the manner so prescribed. This Section shall not be construed as a limitation on such powers.

E.    Rules and Procedures.

The Commission shall prescribe uniform rules and procedures pertaining to investigations and hearings in keeping with the terms of this ordinance and State Law.

4.02  Area Planning Department.

A.      Establishment.

The Area Planning Department for Vigo County in the Vigo County government is hereby re-established in Vigo County, Indiana in accordance with Indiana Code 36-7-4 et seq. The Area Planning Department for Vigo County shall consist of the Commission, the Board, the Director and such staff as the Commission considers necessary.

B.      Exercise of Planning and Zoning Authority.

The Department shall exercise exclusively the planning and zoning functions of Vigo County, the City of Terre Haute, the Town of Riley, the Town of Seelyville, and the Town of West Terre Haute.

C. Duties and Powers of the Director.

1.    It shall be the duty of the Director to supervise the general administration of the Department.

2.                It shall be the duty of the Director to propose annually a plan for the operation of the Department and administer such plan after its approval by the Commission.

3.    It shall be the duty of the Director to enforce and administer this Ordinance; receive and review all applications required by this Ordinance; issue Improvement Location Permits; and number and file all Certificates of Use and Occupancy.

4.       The Director shall, when requested by the Commission or Board, or  

when the interests of the County or a participating municipality so require, make investigations in connection with matters referred to in this Ordinance and render written reports on the same.

5.      The Director shall prepare and submit an annual report of the

activities of the Department and the status of this Ordinance to the Commission, the Board, and the participating legislative bodies,

6.    The Director shall keep the records of the Department, including, without limitation, records of applications, permits issued, certificates issued, inspections made, reports rendered, and notices or orders issued. The Director shall maintain records of all final determinations and decisions o£ the commission and the Board.

7.    The Director shall transmit to the Commission or Board the recommendation of the Department on all applications, petitions, or matters requiring official action by the Commission or Board.

8.    The Director shall maintain the Official Zoning Maps and designate on the official Zoning Maps all map amendments, planned unit developments, special exceptions, and conditional uses granted under the terms of this Ordinance.

9.    The Director shall provide and maintain information for the public relative to all matters arising out of this Ordinance.

10.   Subject to the approval of the Commission, the Director shall appoint and remove the employees of the Department, according to the standards and qualification fixed by the Commission without regard to political affiliation.

11.            The Director shall perform such other duties as the Commission may

direct in accordance with the provisions of this ordinance.

4.03  Area Board of Zoning Appeals.

A.                Creation.

1.                Establishment.

The Area Board of Zoning Appeals of Vigo County is hereby re-established in accordance with Indiana Code 36-7-4-900 et seq.

2.                Composition, Divisions, and Jurisdiction.

a.      The Area Board: of Zoning Appeals of Vigo County shall consist of two (2) divisions, which divisions shall be designated, for identification purposes, as follows:

(1)      the Area Board of Zoning Appeals of Vigo County, Division 1, which shall have exclusive territorial jurisdiction over all matters properly before the Board involving or affecting property within unincorporated areas of the Vigo County; the corporate boundaries of the Town of Riley, the corporate boundaries of the Town of Seelyville, or the corporate boundaries of the Town of West Terre Haute; and,

(2)      the Area Board of Zoning Appeals of Vigo County,  Division 2, which shall have exclusive territorial jurisdiction over all matters properly before the Board involving or affecting property within the corporate

      boundaries of the City of Terre Haute.

b.      Each Division of the Board, as hereinabove provided, shall be appointed as follows:

(1)      Division 1 of the Board shall consist of five (5) members appointed as follows:

(a)      three (3) citizen members appointed by the Board of Commissioners of the County of Vigo, of whom one (1) must be a member of the Commission and two (2) must not be members of the Commission;

(b)      one (1) citizen member appointed by the Vigo County Council, who must not be a member of the Commission; and

(c)      one (1) citizen member appointed by the Commission, who must be a member of the Commission other than the member pointed under 4.03, A., 2., b., (1), (a) above.

(2)      Division 2 of the Board consists of fire (S) members appointed as follows:

(a)      three (3) citizen members appointed by the Mayor of the City of Terre Haute, of whom one (1) must be . a member of the Commission and two (2) must not be members of the Commission;

(b)      one (1) citizen member appointed by the Common Council of the City of Terre Haute, who must not be a member of the Commission; and

(c)      one (1) citizen member appointed by the Commission, who must be a member of the Commission other than the member pointed under 4.03, A., 2., b., (2), (a).

c.      All members of Division 1 of the Board must be residents of the unincorporated areas of Vigo County, the corporate boundaries of the Town of Riley, the corporate boundaries of the Town of Seelyville, or the corporate boundaries of the Town of West Terre Haute. All members of Division 2 of the Board must be residents of the corporate boundaries of the City of Terre Haute.

d.      The members of each Division of the Board shall be initially appointed pursuant to State law to staggered terms: two (2) members initially appointed under 4.03, A., 2., b., (1), (a) and 4.03, A., 2., b., (2), (a) shall be appointed for four (4) year terms; the member initially appointed under 4.03, A., 2., b., (1), (b) and 4.03, A., 2. , b., (2) , (b) shall be appointed for three (3) year terms; the member initially appointed under 4.03, A., 2. , b., (1) , (c) and 4.03, A., 2., b., (2), (c) shall be appointed for two (2) year terms; and the remaining members initially appointed under 4.03, A., 2., b., (1), (a) and 4.03, A., 2 . , b., (2) , (a) shall be appointed for terms of one (1) year; and, thereafter, each member shall be appointed for a four (4) year term.

e.      Each appointing authority may, at any time, appoint one (1) alternate member for each member that it has appointed who shall be available to replace any member who becomes disqualified under Indiana Code 36-7-4-909. The terms of all alternate members shall expire on the date of expiration of the term of the member for whom they serve as an alternate.

3.      Organization.

At the first meeting of each year, each Division of the Board shall elect a Chairman and a vice Chairman from among its members. The Vice Chairman may act as Chairman during the absence or disability of the Chairman. The Board may appoint and fix the duties of a Secretary.

B.      Procedure.

1.      Rules of Procedure.

Each Division of the Board shall adopt rules concerning the filing of appeals, applications for variances and special exceptions, the giving of notice, the conduct of hearings and other subjects, or other matters as required or permitted by State law.

2.      Meetings and Records.

Each Division of the Board shall, keep minutes of its proceedings, prepare written findings of fact in all cased heard by it, record the vote on all actions taken by it, and record the disqualification, abstention, or failure to vote of each member on all actions taken by it. All minutes and records shall be filed in the office of the Board and shall be public records.

      3.      Findings and Decisions.

All decisions of each Division of the Board on all matters within their respective jurisdiction and authority shall be in writing and supported by specific findings of fact pertaining to the matter under consideration or as required by State Law.

4.      Appeal to Court.

Each decision of the Board is subject to review by certiorari as prescribed by State law.

C.    Powers and Duties.

1.      The Board:

a.      shall, hear and determine appeals from .and review any order, requirement, decision, oar determination made by the Director, a staff-member, hearing officer or administrative official under the this ordinance;

b.      shall hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative board or other body except the Commission in relation to the enforcement of this Ordinance; or

c.      shall hear and determine appeals from and. review any order, requirement, decision, oar determination made by an administrative board or other body except the Commission in relation to the enforcement of those provisions of this Ordinance requiring the procurement of an improvement Location Permit or occupancy permit.

d.      shall hear, and approve or deny, all special exceptions as specified in Section 18 of this Ordinance.

e.      shall hear, and approve or deny, all variances from development standards of this Ordinance. A variance from development standards may be approved only upon written determination that:

(1)      the approval will not be injurious to the public health, safety, morals and general welfare of the community;

(2)            the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and,

(3)            the strict application of the terms of this Ordinance would result in an unnecessary hardship in the use of the property.

2.    Each Division of the Board may impose conditions as a part of its approval of any special exception to protect the public health, and for reasons of safety, comfort and convenience as set forth in Section 18.

3.    Each Division of the Board shall exercise all powers conferred on it by State law, local ordinance, or rule in the manner so prescribed. This Section shall not be construed as a limitation on such powers.

3.                Commitments.

Each Division of the Board may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel in the case of a petition for a conditional use, special exception, or a variance from the terms of this Ordinance. All such commitments shall be in recordable form and shall be recorded in the office of the County Recorder and shall take effect upon the granting of the conditional use, special exception, or variance. Unless modified by a decision of the applicable Division of the Board, a recorded commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment may be modified or terminated only by a decision of the applicable Division of the Board made at a public hearing after notice. By permitting or requiring commitments, the Board does not obligate itself to approve or deny any request. This Section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.

D.      Conflict of Interest.

1.    No member of either Division of the Board shall, participate in a hearing or decision of the Board concerning a matter in which he has a direct or indirect financial interest or, which for any other reason brought to the attention of the applicable Division of the Board, results in his disqualification either by himself or by the applicable Division of the Board.

2.    Each Division of the Board shall enter in its record the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision.