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Monroe City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 153.020 GENERAL.

   The Plan Commission shall appoint the Zoning Administrator who shall have duty to enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the state and in the ordinances of the county.
(Ord. 2005-01, passed 2-17-2005)

§ 153.021 PLAN COMMISSION; MEMBERSHIP.

   (A)   All members of the County Plan Commission shall be residents of the jurisdiction of the county as defined in § 153.003. The Commission shall be made up of nine members as follows:
      (1)   One member appointed by the County Commissioners from its membership;
      (2)   One member appointed by the County Council from its membership;
      (3)   The County Surveyor or a qualified deputy surveyor appointed by the surveyor;
      (4)   The county’s agricultural agent; and
      (5)   Five citizen members, of whom no more than three may be of the same political party, appointed by the County Commissioners.
   (B)   The term of office of the Commission shall be governed by I.C. 36-7-4-217, as may be amended from time to time, for those members appointed from the County Commissioners and Council membership and by I.C. 36-7-4-218 for citizen appointed members.
(Ord. 2005-01, passed 2-17-2005)

§ 153.022 PLAN COMMISSION; ORGANIZATION.

   The organization and procedures of the Commission, for the purposes of this chapter, shall be governed by the 300 Series - Commission Organization of I.C. 36-7-4, as the same may be amended from time to time, and by any rule or regulation duly adopted by the Commission.
(Ord. 2005-01, passed 2-17-2005)

§ 153.023 PLAN COMMISSION; POWERS AND DUTIES.

   The duties of the Commission are governed by the provisions of the Area Plan Commission in I.C. 36-7-4-401, as the same may be amended from time to time. In addition, the Commission shall:
   (A)   Hear and determine all development plans which are required to be submitted under this subchapter;
   (B)   Be authorized and empowered to do and perform any act which is required or allowed under state law;
   (C)   Be authorized and empowered to adopt, without public notice or hearing, any rules or regulations allowed or required under I.C. 36-7-4, as the same may be amended from time to time, or such other rules or regulations as the Commission may deem necessary or advisable for the effective administration of its duties under state law;
   (D)   Be authorized and empowered to appoint an Executive Director and/or a Zoning Administrator, as well as a secretary and such other employees as are necessary for the discharge of the duties of the Commission; and to prescribe any duties or responsibilities for such positions, subject to the requirements and limitations prescribed under this chapter and under state law. The positions of Executive Director and Zoning Administrator may be held by the same person.
(Ord. 2005-01, passed 2-17-2005)

§ 153.024 ZONING ADMINISTRATOR.

   The Zoning Administrator shall:
   (A)   Be empowered to enforce and, if necessary, prosecute any actions for violations of this chapter, in the manner and form and with the powers provided under this chapter;
   (B)   Be authorized and empowered to issue to qualified applicants such permits permitted or required under the provisions of this chapter; and
   (C)   Be authorized and empowered to do and perform such acts as may be required or prescribed under the provisions of this chapter, or by the Commission under rules or regulations duly adopted, or otherwise.
(Ord. 2005-01, passed 2-17-2005)

§ 153.025 BOARD OF ZONING APPEALS; MEMBERSHIP.

   (A)   All members of the County Board of Zoning Appeals shall be residents of the jurisdiction of the county as defined in § 153.003. The Board shall be made up of five members as follows:
      (1)   Three citizen members appointed by the County Commissioners, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission;
      (2)   One citizen member appointed by the County Council, who must not be a member of the Plan Commission; and
      (3)   One citizen member appointed by the Plan Commission from its membership other than the member appointed under division (A)(1) above.
   (B)   The term of office of the Board shall be governed by I.C. 36-7-4-906, as such may be amended from time to time.
(Ord. 2005-01, passed 2-17-2005)

§ 153.026 BOARD OF ZONING APPEALS; ORGANIZATION.

   The organization and procedures of the Board, for the purposes of this chapter, shall be governed by the 900 Series - Board of Zoning Appeals of I.C. 36-7-4, as such may be amended from time to time, and by any rule or regulation duly adopted by the Board.
(Ord. 2005-01, passed 2-17-2005)

§ 153.027 BOARD OF ZONING APPEALS; POWERS AND DUTIES.

   (A)   The duties of the Board are governed by §§ 918.1 through 918.7 of I.C. 36-7-4, as such may be amended from time to time, including the following:
      (1)   Hear and determine appeals from and review any order, requirement, decision, or determination made by the Zoning Administrator.
      (2)   Hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative official, hearing officer, staff member, or administrative board designated by ordinance (other than the Plan Commission), made in relation to the enforcement of the Zoning Ordinance, Subdivision Control Ordinance, and the enforcement of the building and occupancy permits as adopted under I.C. 36-7 and all sections therein applicable.
      (3)   In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify any 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 from whom the appeal is taken.
      (4)   Hear, approve, deny, permit, and authorize contingency uses and special uses and approve or deny variances of use from the terms of the County Zoning Ordinance.
   (B)   (1)   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 powers of the officer or Board from whom the appeal is taken.
      (2)   It may impose such conditions regarding the location, character, and other features of the proposed building, structure, or use with which the appeal before it is concerned as it may deem advisable in the furtherance of the purposes of this chapter and the protection of the public convenience and welfare.
(Ord. 2005-01, passed 2-17-2005)