The municipal bodies and officials listed in this chapter, without limitation upon such authority as each may possess by law, have responsibility for implementing and administering this chapter in the manner described herein.

(Ord. 121410, passed 1-11-2011)

   (A)   Administrative Officer. The Town Manager, including any staff members or other designee(s), shall have the principal responsibility for the administration and enforcement of this chapter. Together their duties shall include, but not be limited to, the following:

      (1)   Improvement location permits. Reviewing, approving, or disapproving all improvement location permits and keeping permanent records of applications made and actions taken.

      (2)   Inspections. Conducting inspections of structures and properties to determine compliance with the requirements of this chapter and all approvals granted by the Plan Commission, Plat Committee, Board of Zoning Appeals, Town Council, or other body in the execution of its duties as established by this chapter and Indiana State Code.

      (3)   Record keeping. Maintaining permanent and current records documenting the application of this chapter including, but not limited to, all maps, amendments, special exception uses, variances, and appeals.

      (4)   Plan Commission applications. Receiving, processing docketing, and referring to the Plan Commission all appropriate applications.

      (5)   Board of Zoning Appeals applications. Receiving, processing, docketing, and referring to Board of Zoning Appeals all appeals, variances, special exception uses, and other matters upon which it is authorized to act under this chapter and Indiana State Code.

      (6)   Committee applications. Receiving, processing, docketing, and referring to either the Plat Committee and/or Technical Review Committee all appropriate applications.

      (7)   Clerical and technical assistance. Providing all such clerical and technical assistance as may be required by the Board of Zoning Appeals, Plan Commission, Plat Committee, Technical Review Committee, Town Council, or other body in the execution of its duties as established by this chapter and Indiana State Code.

   (B)   Review and decision authority. The following table summarizes the review, decision making, and appeal powers and duties as they relate to various application processes required by this chapter. The specific steps and requirements for each are prescribed in more detail by this chapter.

 

   (C)   Fee schedule.

      (1)   Purpose and intent. All fees shall be intended to reimburse the town for the time and cost of processing the required materials. In no instance shall a fee be used as a means of discouraging or encouraging any particular types of applications.

      (2)   Availability. The Administrative Officer, or his or her designee, shall maintain a schedule of fees available to the public, as approved by the Town Council, for all applications, permits, and other processes outlined in this chapter.

      (3)   Establishment. The fee schedule shall be prepared by the Administrative Officer or his or her designee, reviewed by the Plan Commission, and approved, by resolution, by the Town Council.

      (4)   Revisions. The Administrative Officer, or his or her designee, shall review the fee schedule, at a minimum, annually and bring any necessary revisions to the attention of the Plan Commission and Town Council. The fee schedule may be amended by a recommendation submitted to the Town Council by the Plan Commission followed by the Council's approval of a revised fee schedule resolution.

      (5)   Payment in full required. Until all applicable fees have been paid in full, no action shall be taken on any application or petition. In addition, the Administrative Officer, or his or her designee, may require any property owner(s) who initiates construction of a structure or the alteration of land prior to obtaining any required permit to pay up to two times the amount of the normal permit fee listed on the Official Fee Schedule as a penalty. The penalty shall be in addition to any enforcement cost including incurred attorney's fees for such activity and the established fee.

   (D)   Schedule of meetings and filing dates. The Administrative Officer, or his or her designee, shall maintain an annual Calendar of Meetings and Filing Dates for the Technical Review Committee, Plat Committee, Plan Commission, and Board of Zoning Appeals. The existence of this calendar shall not be interpreted as prohibiting special meetings of the Committees, Commission or Board.

      (1)   Coordination of calendars. The calendars of the Technical Review Committee, Plat Committee, and Plan Commission shall be coordinated to ensure the efficient processing of applications.

      (2)   Compliance with Indiana State Code. All meeting and filing dates shall be based on the requirements of this chapter and the laws of the State of Indiana.

      (3)   Approval of dates. The Calendar of Meetings and Filing Dates shall be prepared by the Administrative Officer, or his or her designee, and approved by the Plan Commission and Board of Zoning Appeals, wherein the Plan Commission shall be responsible for approving a coordinated calendar for the Technical Review Committee and the Plat Committee.

      (4)   Maintenance. The Calendar of Meeting and Filing Dates shall be reviewed and updated annually by the Administrative Officer, or his or her designee, and posted in McCordsville Town Hall.

(Ord. 121410, passed 1-11-2011)

   (A)   Town Council. The Town Council hereby reserves to itself the following powers and duties in connection with the implementation of this chapter for the area within its jurisdiction:

      (1)   Duties. The following duties should be interpreted as activities that are obligations. Town Council duties include:

         (a)   Adopt, reject, or amend the Comprehensive Plan, any other plans, the Zoning Ordinance, and the Subdivision Control Ordinance as certified and submitted by the Plan Commission;

         (b)   Adopt, reject, or amend proposals to amend or partially repeal the text of the Comprehensive Plan, any other plans, the Zoning Ordinance, and the Subdivision Control Ordinance as certified and submitted by the Plan Commission;

         (c)   Adopt, reject, or amend proposals to amend the Official Zoning Map certified and submitted by the Plan Commission;

         (d)   Adopt, reject, or amend proposals for Planned Unit Developments as certified and submitted by the Plan Commission; and

         (e)   All additional duties as established by Indiana State Code.

      (2)   Powers. The following powers should be interpreted as activities that are optional and may be initiated by the Town Council within the Council's jurisdiction. These powers include:

         (a)   Initiate amendments to the text of the Comprehensive Plan, any other plans, the Zoning Ordinance, and/or the Subdivision Control Ordinance;

         (b)   Initiate amendment to the Official Zoning Map;

         (c)   Initiate the annexation process and request advice from the Plan Commission as to the zoning designation to be applied to the annexed area if and when annexed; and

         (d)   All additional powers permitted by Indiana State Code.

   (B)   Advisory Plan Commission.

      (1)   Establishment. There is hereby established the McCordsville Advisory Plan Commission, to be known as the McCordsville Plan Commission.

      (2)   Composition. The Plan Commission shall consist of seven members as prescribed by I.C. 36-7-4-207(b), which states:

         (a)   The Town Council shall appoint three persons, who must be elected or appointed municipal officials or employees in the municipal government, as members.

         (b)   The municipal executive shall appoint four citizen members, of who no more than two may be of the same political party. Each citizen member shall be appointed because of the member's knowledge and experience in community affairs, the member's awareness of the social, economic, agricultural, and industrial problems of the area, and the member's interest in the development and integration of the area. A citizen member may not hold other elective or appointive office in municipal, county or state government. A citizen member must be a resident of the jurisdictional area of the Plan Commission (I.C. 36-7-4-216).

         (c)   The Hancock County Area Plan Commission shall appoint a designated representative from its body to serve as an advisor to the Plan Commission, pursuant to I.C. 36-7-4-213.

      (3)   Certification. Pursuant to I.C. 36-7-4-212, the clerk of the Town Council and the secretary of the Park Board shall certify members appointed by their respective bodies, and the executive shall certify his or her appointments. The certificates shall be sent to and made a part of the records of the Plan Commission.

      (4)   Terms of office.

         (a)   Appointment. Upon the establishment of a seven member municipal plan commission, two citizen members shall initially be appointed for a term of three years and two shall initially be appointed for a term of four years.

         (b)   Term expiration. Each member's term expires on the first Monday of January of the second, third, or fourth year respectively, after the year of the member's appointment.

            1.   Appointed members. The term of office of a member who is appointed from the membership of a Town Council, a Park Board, or the Advisory Council on town affairs is coextensive with the member's term of office on that body, board, or council, unless that body, board, or council appoints, at its first regular meeting in any year, another to serve as its representative (see I.C. 36-7-4-217).

            2.   Citizen members. When an initial term of office of a citizen member expires, each new appointment of a citizen member is for a term of four years (see I.C. 36-7-4-218).

      (5)   Conflict of interest. Pursuant to I.C. 36-7-4-223, neither a member of the Plan Commission nor the Town Council may participate as a member Plan Commission or Town Council in a hearing or decision of that commission or body concerning a zoning matter (excluding the preparation or adoption of a Comprehensive Plan) in which the member has a direct or indirect financial interest. The commission or body shall enter in its record the fact that its member has such a disqualification.

      (6)   Duties. The following duties should be interpreted as activities that are obligations. Pursuant to I.C. 36-7-4-401, I.C. 36-7-4-405 and I.C. 36-7-4-213, the Plan Commission shall:

         (a)   Supervise, and make rules for, the administration of the affairs of the Commission;

         (b)   Prescribe uniform rules pertaining to investigations and hearings;

         (c)   Keep a complete record of all proceedings;

         (d)   Fix the time for holding regular meetings each month, or as necessary, keep minutes of all meetings, and maintain all minutes and records in the office of the Administrative Officer;

         (e)   Record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Commission;

         (f)   Prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized by Indiana State Code;

         (g)   Adopt a seal;

         (h)   Certify all official acts;

         (i)   Supervise the fiscal affairs of the Commission;

         (j)   Prepare and submit an annual budget in the same manner as other departments of municipal government, and be limited in all expenditures to the provisions made for the expenditures by the fiscal body of the municipality;

         (k)   Make recommendations to the Town Council or bodies concerning:

            1.   The adoption of the Comprehensive Plan and amendments to the Comprehensive Plan;

            2.   The adoption or text amendment of: an initial Zoning Ordinance, a replacement Zoning Ordinance, and a Subdivision Control Ordinance;

            3.   The adoption or amendment of a PUD district ordinance; and

            4.   Zone Map changes (rezonings).

         (l)   Render decisions concerning and approve plats, replats, and amendments to plats of subdivisions under the 700 series of I.C. 36-7-4.

         (m)   Make decisions concerning development plans and amendments to development plans under the 1400 series of I.C. 36-7-4, unless delegated under I.C. 36-7-4-1402(c).

         (n)   Prescribe the qualifications of, appoint, remove, and fix the compensation of the employees of the Commission, consistent with the compensation fixed by the appropriate fiscal body.

         (o)   Appoint a designated representative of the Plan Commission to serve as an advisory member to the Hancock County Area Plan Commission.

         (p)   All additional duties as established by Indiana State Code.

      (7)   Powers. The following powers should be interpreted as activities that are optional and may be initiated by the Plan Commission within the Commission's jurisdiction. Pursuant to Indiana State Statute, these powers include:

         (a)   Establish advisory committees as necessary, composed of specific members and organized for specific purpose;

         (b)   Establish an executive committee;

         (c)   Seek funding assistance through grant programs as necessary and accept gifts, donations and grants;

         (d)   Establish a schedule of fees, to be approved by Town Council resolution, to defray the administrative costs of the official action of the Commission;

         (e)   Appoint and fix the duties of the recording secretary;

         (f)   Contract for special or temporary services and professional counsel; and

         (g)   All additional powers as permitted by Indiana State Code.

      (8)   Communication with members of the Advisory Plan Commission. No person (including applicants, remonstrators, and other interested parties) may communicate with any member of the Plan Commission before a hearing with the intent to influence the member's action on a matter pending before the Plan Commission.

(Ord. 121410, passed 1-11-2011)

   (A)   Establishment. Pursuant to I.C. 36-7-4-900 series, the Town Council hereby establish the Board of Zoning Appeals which shall conduct business consistent with all requirements of this chapter and Indiana State Code. The members shall initially be appointed for the following terms of office:

      (1)   One for a term of one year.

      (2)   One for a term of two years.

      (3)   One for a term of three years.

      (4)   One for a term of four years.

   (B)   Membership. Pursuant to I.C. 36-7-4-902, the Board of Zoning Appeals shall consist of five voting members, as follows:

      (1)   Three citizen members appointed by the executive, one of who must be a member of the Plan Commission while the other two must not be members of the Plan Commission.

      (2)   One citizen member appointed by the Town Council, who must not be a member of the Plan Commission.

      (3)   One citizen member appointed by the Plan Commission, who must be a citizen member of the Plan Commission other than the member appointed under division (B)(1) above.

   (C)   Membership restrictions. Pursuant to I.C. 36-7-4-905, none of the members of the Board of Zoning Appeals may hold other elective or appointive office, except as permitted by I.C. 36-7-4-902, in municipal, county or state government. A member must be a resident of the jurisdictional area of the board.

   (D)   Terms. When an initial term of office expires, each new appointment shall be for a term of four years beginning on the first Monday in January.

   (E)   Powers and duties. The powers and duties of the Board of Zoning Appeals with regard to this chapter are defined by Indiana State Code, and are described below. These powers and duties are further described by the Board of Zoning Appeals Rules and Procedures.

      (1)   Duties. Duties should be interpreted as activities that are obligations. The duties of the Board of Zoning Appeals are as follows:

         (a)   Fix a reasonable time for the hearing of administrative appeals, special exceptions, and variances;

         (b)   Keep minutes of all proceedings and record the vote on all actions taken, and file all minutes and records in the office of the Board in all cases;

         (c)   Adopt rules concerning the filing of appeals, applications, public notice, the conduct of hearings, and the determination of whether a variance application is for a variance of use or for a variance from the development standards;

         (d)   Make adopted rules available to all applicants and other interested persons;

         (e)   Review, hear, and approve or deny all applications for variances from development standards such as height, setback or area;

         (f)   Review, hear and approve or deny all applications for a special exception use;

         (g)   Review, hear and decide appeals of decisions made under this chapter or in the enforcement of this chapter by the Administrative Officer, or other Plan Commission staff, committees, administrative boards, or any other bodies, with the exception of the Plan Commission; and

         (h)   All additional duties as established in Indiana State Code.

      (2)   Powers. The following powers of the Board of Zoning Appeals should be interpreted as activities that are optional and may be initiated by the Board. They include:

         (a)   Appointment of a hearing committee;

         (b)   Appointment of a secretary and other employees as necessary for the discharge of Board duties; and

         (c)   All additional powers permitted by Indiana State Code.

      (3)   Rules and procedures. The Board of Zoning Appeals shall have the sole authority to adopt any and all rules under I.C. 36-7-4-916 and any and all procedures concerning organization, selection of officers, forms for applications (development standards variances, special exceptions), filing requirements, procedures, giving of public notices and conduct of meetings and public hearings.

      (4)   Communication with members of the Board of Zoning Appeals. No person (including applicants, remonstrators, and other interested parties) may communicate with any member of the Board before a hearing with the intent to influence the member's action on a matter pending before the Board.

(Ord. 121410, passed 1-11-2011)

   The Plan Commission may establish a Technical Review Committee for the purpose of providing detailed reviews and recommendations to the Plan Commission concerning any proposed development plans or subdivision plats that may from time to time be submitted.

   (A)   Purpose and intent. The purpose of the Technical Review Committee is to provide written recommendations pertaining to technical aspects of design and construction plans; however, approval or disapproval of a development or subdivision is clearly the responsibility of the Plan Commission.

   (B)   Establishment. The Technical Review Committee is hereby established under both the Zoning Ordinance and the Subdivision Control Ordinance to serve the differing needs of these two documents. The Committee shall be made up of the same members under both ordinances in order to facilitate coordination of the decision making by the Plan Commission with respect to the design and construction aspects of these two documents.

   (C)   Composition. Committee membership shall be at the request of the Administrative Officer. The Administrative Officer may request the assistance of members of public and semi-public local and state departments, agencies and organizations, including but not limited to the following (or their designees):

      (1)   Town Planner, Chair;

      (2)   Town Engineer;

      (3)   Town Street Commissioner;

      (4)   County Highway Superintendent;

      (5)   Wastewater Superintendent;

      (6)   Water Superintendent;

      (7)   Fire Chief;

      (8)   Police Chief;

      (9)   Building Department;

      (10)   County Health Department;

      (11)   A representative and/or designee of the County Soil and Water Conservation District; and

      (12)   Any other persons deemed appropriate by the Plan Commission.

   (D)   Roles and responsibilities. The Technical Review Committee shall limit its attention and recommendations to the design and construction aspects of the proposed development or subdivision with emphasis placed on public improvements, utilities, drainage, landscaping, parking, signage, and other development standards. Projects shall be reviewed for compliance with the Zoning Ordinance and compatibility with the Comprehensive Plan, as amended from time to time.

   (E)   Committee meetings. The Technical Review Committee is strictly a committee and does not have the authority to take any official action; however, the Committee shall advertise for and hold public meetings. The Committee shall meet as prescribed by the Calendar of Meetings and Filing Deadlines, and all Technical Review Committee meetings shall be open to the public. The Committee shall then submit its review comments and recommendations to the Advisory Plan Commission.

   (F)   Authority. The Technical Review Committee shall have the authority to request that a docket be continued by the Advisory Plan Commission until the Committee has reviewed revised plans submitted by a petitioner(s).

(Ord. 121410, passed 1-11-2011)

   The Plan Commission may establish an Architectural Review Committee for the purpose of providing detailed reviews and recommendations to the Plan Commission concerning any proposed building elevation that may from time to time be submitted.

   (A)   Purpose and intent. The purpose of the Architectural Review Committee is to provide written recommendations pertaining to technical aspects of building elevations for the purpose of providing for the orderly and harmonious appearance of structures throughout the town. For the purposes of administering and enforcing this chapter, the Architectural Review Committee is not to be confused with an Architectural Review Board which is typically concerned with protecting and preserving historic areas, sites and buildings in a community.

   (B)   Establishment. The Architectural Review Committee is hereby established under both the Zoning Ordinance and the Subdivision Control Ordinance to serve the differing needs of these two documents. The Committee shall be made up of the same members under both ordinances in order to facilitate coordination of the decision making by the Plan Commission with respect to the design and construction aspects of these two documents.

   (C)   Composition. Committee membership shall be at the request of the Administrative Officer. The Administrative Officer may request the assistance of members of public and semi-public local and state departments, agencies and organizations. The Architectural Review Committee shall be chaired by the Administrative Officer, or his or her designee, and shall consist of at least one licensed architect residing or working in the town. Remaining members shall be residents of the town interested in civic matters.

   (D)   Roles and responsibilities. The Architectural Review Committee shall limit its attention and recommendations to the architectural design standards of this chapter. Projects shall be reviewed for compliance with the Zoning Ordinance and compatibility with the McCordsville Comprehensive Plan, as amended from time to time. Members of the Architectural Review Committee shall:

      (1)   Review the Town of McCordsville Architectural Design Standards contained herein and adopted planned unit development ordinances, and any additional architectural design requirements imposed as part of an overlay district, such as the Highway Corridor Overlay district.

      (2)   Review applications for their compatibility with all applicable standards, regulations, and commitments.

      (3)   Offer opinions as to what physical alterations or enhancements could be made to projects presented in order to improve the aesthetic quality of the project and the town's overall physical environment.

      (4)   Make recommendations regarding architectural issues raised on appeal to the appropriate governing body (e.g. Board of Zoning Appeals) in connection with the issuance or denial of entitlements or other project approvals or denials.

      (5)   Zoning commitments, if applicable.

   (E)   Committee meetings. The Architectural Review Committee is strictly a committee and does not have the authority to take any official action; however, the Committee shall advertise for and hold public meetings. The Committee shall meet as prescribed by the Calendar of Meetings and Filing Deadlines, and all meetings of the committee shall be open to the public. The Committee shall then submit its review comments and recommendations to the Advisory Plan Commission and/or Board of Zoning Appeals.

   (F)   Authority. The Architectural Review Committee shall have the authority to request that a docket be continued by the Advisory Plan Commission or Board of Zoning Appeals until the Committee has reviewed revised plans submitted by a petitioner(s).

(Ord. 121410, passed 1-11-2011)