The Zoning Administrator in the town will have the principal responsibility for administration and enforcing or coordinating the enforcement of this chapter within the Plan Commission’s planning jurisdiction.

(Ord. 2002-05, passed 12-30-2002, § 13.1)

   (A)   After the effective date of this chapter, areas annexed by the town shall retain the Zoning District prior to annexation.

   (B)   Whenever any street, alley, public way, railroad right-of-way, waterway or other similar area is vacated by proper authority, the zoning districts adjoining each side of vacated areas shall be extended automatically to the center of the vacated area. All areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended zoning districts. In the event of a partial vacation, the adjoining zoning district or zoning district nearest the portion vacated, shall be extended automatically to include all of the vacated area. Any disputes as to the exact zoning district boundaries shall be determined by the Zoning Administrator. Appeals of the Zoning Administrator’s determination may be brought before the Plan Commission.

(Ord. 2002-05, passed 12-30-2002, § 13.2)

   The powers and duties of the Town Council are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional to be initiated.

   (A)   Town Council duties.

      (1)   Adopt, reject or amend the Comprehensive Plan, strategic plans, this chapter or Ch. 155 of this code of ordinances that have been certified and submitted by the Plan Commission;

      (2)   Adopt, reject or amend proposals to amend or partially repeal the text of the Comprehensive Plan, strategic plans, this chapter or Ch. 155 of this code of ordinances that has been certified and submitted by the Plan Commission;

      (3)   Adopt, reject or amend proposals to amend the official zoning map certified and submitted by the Plan Commission;

      (4)   Adopt, reject or amend proposals for a Planned Development District that have been certified and submitted by the Plan Commission;

      (5)   Adopt, reject or amend proposals to adopt or amend a fee schedule that have been certified and submitted by the Plan Commission; and

      (6)   All duties as permitted by Indiana Code.

   (B)   Town Council powers.

      (1)   Initiate amendments to the text of the Comprehensive Plan, strategic plans, this chapter and Ch. 155 of this code of ordinances;

      (2)   Initiate amendments to the official zoning map; and

      (3)   All powers as permitted by Indiana Code.

(Ord. 2002-05, passed 12-30-2002, § 13.3)

   The powers and duties of the Plan Commission are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional to be initiated.

   (A)   Plan Commission duties.

      (1)   Adopt and maintain a Town Council-approved Comprehensive Plan, Zoning Ordinance and Subdivision Control Ordinance as authorized under state law;

      (2)   Adopt and maintain rules and procedures for holding meetings, holding public hearings, and administrating and enforcing the Comprehensive Plan, Zoning Ordinance and Subdivision Control Ordinance;

      (3)   Maintain complete records of all meetings, hearings, correspondences and affairs of the Plan Commission;

      (4)   Record and file bonds and contracts for development and land use functions;

      (5)   Publish and make available to the public all plans, ordinances and other related materia! that are the responsibility of the Plan Commission;

      (6)   Adopt and maintain a permitting process and seal used to certify official or approved documents;

      (7)   Certify and submit recommendations to the Town Council including new versions of and revisions to the Comprehensive Plan, Zoning Ordinance, Subdivision Control Ordinance and Official Zoning Map;

      (8)   Certify and submit recommendations to the Town Council for adopting a Planned Development District;

      (9)   Maintain monetary and fiscal records of the Plan Commission;

      (10)   Prepare and submit an annual budget to the Town Council;

      (11)   Approve or deny plats or replats of subdivisions;

      (12)   Approve or deny development plans and amendments to development plans;

      (13)   Assign street numbers to new lots and structures, renumber lots and structures, assign street names and approve or deny proposed street names in new developments;

      (14)   Establish and maintain a Town Council-approved fee schedule that assigns a fee to permits, processes, and official actions of the Plan Commission in order to defray the administrative costs of such duties and powers;

      (15)   Enforce regulations and procedures of the Comprehensive Plan, Zoning Ordinance and Subdivision Control Ordinance to the extent of the local resolutions, ordinances and state law; and

      (16)   All duties as permitted by Indiana Code.

   (B)   Plan Commission powers.

      (1)   Delegate to a committee or person the role as Zoning Administrator;

      (2)   Establish advisory committees as necessary made up of town/township officials and the general public;

      (3)   Establish an executive committee;

      (4)   Seek funding assistance through grant programs as necessary;

      (5)   Distribute copies or summaries of the Comprehensive Plan, Zoning Ordinance or Subdivision Control Ordinance to the general public and development community; and

      (6)   All powers as permitted by Indiana Code.

(Ord. 2002-05, passed 12-30-2002, § 13.4)

   The powers and duties of the Board of Zoning Appeals are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional to be initiated.

   (A)   Board of Zoning Appeals duties.

      (1)   Review and hear appeals of decisions made under this chapter by the Zoning Administrator, Plan Commission staff, Building Commissioner, committees or administrative boards or other body, except Plan Commission;

      (2)   Review, hear and approve or deny all petitions for special exceptions based on the provisions of this chapter and Indiana Code;

      (3)   Review, hear and approve or deny all petitions for variances from development standards (such as height, bulk or area) of this chapter;

      (4)   Review, hear and approve or deny all petitions for variances of use regulations in this chapter;

      (5)   Hear and decide appeals of decisions made by the Planning Director, Zoning Administrator and Building Commissioner; and

      (6)   All duties as permitted by Indiana Code.

   (B)   Board of Zoning Appeals powers.

      (1)   Hire, remove and determine job descriptions for support staff (as necessary);

      (2)   Determine the compensation for support staff and BZA members as provided within the annual budget of the Board of Zoning Appeals; and

      (3)   All powers as permitted by Indiana Code.

(Ord. 2002-05, passed 12-30-2002, § 13.5)