The County Advisory Plan Commission is hereby established in accordance with the advisory planning law set forth in I.C. 36-7-4.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   The Plan Commission shall consist of nine members as follows:

   (A)   One member appointed by the Board of Commissioners from its membership;

   (B)   One member appointed by the County Council from its membership;

   (C)   The County Surveyor or a qualified deputy appointed by the County Surveyor;

   (D)   The County Agricultural Extension Educator; and

   (E)   Five citizen members, of whom no more than three may be of the same political party, appointed by the Board of Commissioners. Each appointing authority may appoint an alternate member to act during the absence or disability of a regular appointee of the authority.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   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 county jurisdictional area.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   (A)   The Plan Commission was established by Ordinance 2001-12, passed on April 30, 2001, and said ordinance provided that citizen members be appointed for the following terms: one member for a term of one year; one member for a term of two years; one member for a term of three years; and two members for a term of four years. Citizen members were appointed to the foregoing terms. All subsequent citizen members shall be appointed for a term of four years which term expires on the first Monday of January of the fourth year after the citizen member’s appointment.

   (B)   The term of office of a member appointed from the membership of the Board of Commissioners or from the membership of the County Council shall be coextensive with the appointee’s membership on the appointing authority, unless the appointing authority appoints, at its first regular meeting of any year, another to serve as its representative.

   (C)   The term of office of an appointee of the County Surveyor shall be for one year but may not exceed the appointing County Surveyor’s term of elected office or the appointee’s term of employment as a Deputy County Surveyor.

   (D)   A member serves until his or her successor is appointed and qualified. A member may be reappointed.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   The appointing authority may remove a member from the Plan Commission for cause. The appointing authority must mail notice of the removal along with written reasons for the removal, to the member at his or her residence address. A member who is removed may, within 30 days after receiving notice of the removal, appeal the removal to the Circuit Court. The Circuit Court may, pending the outcome of the appeal, order the removal or stay the removal of the member.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   If a vacancy occurs among the Plan Commission members who are appointed, then the appointing authority shall appoint a member for the unexpired term of the vacating member. If a vacancy occurs in the office of the County Surveyor, then the County Engineer shall be a member of the Plan Commission during the time the office of the County Surveyor is vacant.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   If the Plan Commission determines that it is necessary or desirable for members or employees to join a professional organization or to attend a conference or interview dealing with planning or related problems, the Plan Commission may pay the applicable membership fees and all actual expenses of the members or employees, subject to County Council appropriation of funds.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   A Plan Commission member may not participate as a Plan Commission member in a hearing or decision of the Plan Commission concerning a zoning matter in which the member has a direct or indirect financial interest. The Plan Commission shall enter in its records the fact that its member has such a disqualification and the name of the alternate member, if any, that participates in the hearing or decision in place of the regular member. A Plan Commission member directly or personally represents another person in a hearing before the Plan Commission or Board of Commissioners concerning a zoning matter. A Plan Commission member may not receive mileage or compensation under § 155.251 of this subchapter for attendance at a meeting at which the member is disqualified from participation, during any part of the meeting, for having a direct or indirect financial interest in a zoning matter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   An action of the Plan Commission is not official unless it is authorized, at a regular or special meeting, by a majority of the entire Plan Commission membership or by a majority of the Executive Committee pursuant to this subchapter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   At its first regular meeting in each year, the Plan Commission shall elect from its membership a President and a Vice President. The Vice President may act as President of the Plan Commission during the absence or disability of the President.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   The Plan Commission may appoint and fix the duties of a secretary, who is not required to be a member of the Plan Commission.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   (A)   The Plan Commission shall fix the time for holding regular meetings each month or as necessary. Special meetings of the Plan Commission may be called by the President or by two members of the Plan Commission upon written request to the secretary. The secretary shall send to all members, at least three days before the special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if:

      (1)   The date, time and place of a special meeting are fixed in a regular meeting; and

      (2)   All members of the Plan Commission are present at that regular meeting. All regular and special meetings of the Plan Commission shall be open to the public. The Plan Commission may schedule executive session meetings pursuant to I.C. 5-14-1.5-1 et seq.

   (B)   The Plan Commission shall keep minutes of its proceedings; keep records of its examinations and other official actions; prepare written findings of fact in support of each of its decisions; and record the vote, disqualification, abstention, or failure to vote of each member upon each question. All Plan Commission minutes and records shall be filed in the office of the Plan Commission and shall be public records to the extend required by I.C. 5-14-3-1 et seq.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   (A)   The Plan Commission shall prescribe the qualifications of, appoint, remove, and fix the compensation of the employees of the Plan Commission, which compensation must conform to the salaries and compensations fixed before that time by the County Council. The Plan Commission shall delegate authority to its employees to perform ministerial acts in all cases except where final action of the Commission is necessary.

   (B)   The Plan Commission may contract for special or temporary services and any professional counsel.

   (C)   The Plan Commission may designate a hearing examiner or a committee of the Plan Commission to conduct any public hearing required to be held by the Plan Commission. Such a hearing must be held upon the same notice and under the same rules as a hearing before the entire Plan Commission, and the examiner or committee shall report findings of fact and recommendations for decision to the Plan Commission. The Plan Commission shall, by rule, provide reasonable opportunity for interested persons to file exceptions to the findings and recommendations, and if any exception is filed in accordance with those rules, the Plan Commission shall render its decision without further hearing.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   The Plan Commission shall:

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

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

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

   (D)   Prepare, publish, and distribute reports, ordinances and other material relating to the activities authorized under this chapter;

   (E)   Adopt a seal;

   (F)   Certify to all official acts;

   (G)   Supervise the fiscal affairs of the Plan Commission;

   (H)   Prepare and submit an annual budget in the same manner as other county departments and be limited in all expenditures to the provisions made for the expenditures by the County Council;

   (I)   Sue and be sued collectively by its legal name “Owen County Plan Commission” with service of process on the President of the Plan Commission;

   (J)   Make recommendations to the Board of Commissioners concerning:

      (1)   The adoption of the Comprehensive Plan, ordinance and amendments; and

      (2)   Any other matter, within the jurisdiction of the Plan Commission, authorized by the advisory planning law;

   (K)   Render decisions concerning and approve:

      (1)   Plats or replats of subdivisions;

      (2)   Development plans for residential, commercial and industrial uses; and

      (3)   Variances to subdivision standards;

   (L)   Assign street numbers to lots and structures and renumber lots and structures, and notify the Circuit Court Clerk or Board of Registration, the administrator of the county’s enhanced emergency telephone system, and the United States postal service of said numbering or renumbering no later than the last day of the month following the month in which the action is taken;

   (M)   Name and rename streets, in accordance with the guidelines and notify the Circuit Court Clerk or Board off Registration, the administrator of the county’s enhanced emergency telephone system, and the United States postal service of said naming or renaming no later than the last day of the month following the month in which the action is taken; and

   (N)   Establish a schedule of reasonable fees to defray the administrative costs connected with: processing and hearing administrative appeals and petitions for rezoning, special exceptions, conditional uses, temporary uses and variances; issuing permits; and other actions taken under this chapter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   (A)   The Plan Commission, by resolution, may establish advisory committees of citizens interested in problems of planning and zoning. In its resolution establishing such a committee, the Plan Commission shall specify the terms of its members, its purpose, and whether the committee is of perpetual or limited duration.

   (B)   Each advisory committee shall:

      (1)   Study the subject and problems specified by the Plan Commission and recommend to the Commission additional problems in need of study;

      (2)   Advise the Plan Commission concerning how the subject and problems relate particularly to different areas and groups in the community; and

      (3)   If invited by the Plan Commission to do so, sit with and participate, without the right to vote, in the deliberations of the Commission, when subjects of mutual concern are discussed.

   (C)   A citizen committee shall report only to the Plan Commission and shall make inquiries and reports only on the subject and problems specified by the Plan Commission’s resolution establishing the committee.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   (A)   The Plan Commission may establish an executive committee of not less than three nor more than nine persons appointed by the Plan Commission from its membership. The establishment of the executive committee, the naming of its individual members and the adoption of rules governing its operation requires a two-thirds majority vote of the entire membership of the Plan Commission.

   (B)   A majority of the executive committee may act in the name of the Plan Commission; but if there are any dissenting votes, a person voting in the minority may appeal the decision of the executive committee to the Plan Commission.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   The Plan Commission may accept gifts, donations and grants from private or governmental sources for advisory planning purposes. Any money so accepted shall be deposited with the County Treasurer, in a special non-reverting Plan Commission fund to be available for expenditures by the Plan Commission for the purposes designated by the source. The County Auditor shall draw warrants against the special non-reverting fund only on vouchers signed by the President and secretary of the Plan Commission.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   (A)   The Plan Commission may appoint a hearing officer and may establish an alternate procedure under which the hearing officer may approve or deny variances from the design standards of this chapter, special uses, conditional uses, and special exceptions from the terms of this chapter. With respect to such matters, the hearing officer shall have the power of the Board of Zoning Appeals. The hearing officer may be a Board of Zoning Appeals member, a Plan Commission staff member or any other person. The Plan Commission may appoint more than one hearing officer. A hearing officer serves at the pleasure of the Plan Commission and may be removed by the Plan Commission at any time, without cause.

   (B)   With respect to an alternate procedure, the Plan Commission may adopt rules:

      (1)   Limiting the kinds of variance, special use, contingent use, conditional use or special exception petitions that may be filed under the alternate procedure;

      (2)   Permitting the hearing officer, in appropriate circumstances, to transfer a petition filed under the alternate procedure to the Board of Zoning Appeals;

      (3)   Requiring the creation of minutes and records of the proceedings before the hearing officer and the filing of the minutes and records as public records; and

      (4)   Regulating conflicts of interest and communications with the hearing officer, so as to require the same level of conduct required of the Board of Zoning Appeals in the conduct of its business.

   (C)   The Plan Commission staff may file a written objection to a petition for a variance, exception, or use if:

      (1)   It would be injurious to the public health, safety, morals and general welfare of the community; or

      (2)   The use or value of the area adjacent to the property included would be affected in a substantially adverse manner.

   (D)   If a written objection is filed by the Plan Commission staff, the petition shall:

      (1)   Be considered withdrawn; or

      (2)   Be transferred to the Board of Zoning Appeals if requested by the petitioner.

   (E)   The Plan Commission staff may indicate that it does not object to the approval of the petition if specified conditions are attached. If the applicant does not accept these conditions, the petition shall:

      (1)   Be considered withdrawn; or

      (2)   Be transferred to the Board of Zoning Appeals if requested by the petitioner.

   (F)   The hearing officer may impose conditions and 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 same manner that the Board of Zoning Appeals may impose conditions or require written commitments. If the applicant for the variance, exception, or use does not accept these conditions or make the commitment, the petition shall:

      (1)   Be considered withdrawn; or

      (2)   Be transferred to the Board of Zoning Appeals if requested by the petitioner.

   (G)   The hearing officer may not modify or terminate any commitment made to the hearing officer or to the Board of Zoning Appeals.

   (H)   A decision of a hearing officer under the alternate procedure may not be a basis for judicial review, but it may be appealed to the Board of Zoning Appeals. An interested person who wishes to appeal a decision of a hearing officer under the alternate procedure must file the appeal with the Board of Zoning Appeals within 14 days after the decision is made.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   The Plan Commission shall periodically review both the text of the this chapter and the zoning maps. Such review shall be performed on a regular schedule established by the Plan Commission, but no less frequently than once every two years. Upon review of the text and maps, the Plan Commission shall recommend all appropriate changes to the County Commissioners as proposed amendments to this chapter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   The Plan Commission may appoint a plat committee to hold hearings on and approve plats and replats, on behalf of the Plan Commission, under the circumstances prescribed in §§ 155.080 through 155.123 of this chapter. The plat committee consists of three or five persons, with at least one of the members being a member of the Plan Commission who may remove a member from the plat committee. The Plan Commission must mail notice of the removal, along with written reasons, if any, for the removal, to the member at his or her residence address. A member who is removed may not appeal the removal to a court or otherwise. The plat committee may take action only by a majority vote.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

   In naming and renaming streets, the Plan Commission shall be guided by the following policies:

   (A)   Duplicate street names and names that sound alike shall not be allowed;

   (B)   Directional or relative names should not be used (such as, North Drive, Kirksville Road);

   (C)   A continuous street should not change names when the direction of the street changes;

   (D)   Predominately north-south streets shall have a “N” prefix if north of the center line and an “S” prefix is south of the center line;

   (E)   Predominately east-west streets shall have an “E” prefix if east of the center line and a “E” prefix if west of the center line;

   (F)   The County Postmaster must be given the opportunity to review and comment on proposed names before their adoption; and

   (G)   The County Highway Engineer and the County Highway Superintendent must be given the opportunity to review and comment on proposed names before their adoption.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)