Citations Affected: IC 36-7-4 .
Synopsis: Plan commission information officials. Mandates the
election of a planning information official from among the members of
each plan commission. Requires the planning information official to
respond in writing to questions submitted to the plan commission.
Provides a time line within which the planning information official
must answer questions on matters pending before the plan commission.
Requires a plan commission to provide interested parties with at least
30 days notice of a public hearing at which the plan commission may
certify the proposed enactment of or changes to a zoning ordinance.
Effective: July 1, 2003.
January 13, 2003, read first time and referred to Committee on Appointments and Claims.
A BILL FOR AN ACT to amend the Indiana Code concerning local
(1) at the offices of the plan commission; and
(2) for public inspection and copying;
not later than thirty (30) days after the official receives the question.
(d) If a question regarding a matter before the plan commission is submitted at least ten (10) days before the scheduled date of a meeting or hearing on the matter, the planning information official shall make the written response available:
(1) at the offices of the planning commission; and
(2) for public inspection and copying at least one (1) business day before the meeting or hearing.
(e) In providing a written response to a question, a planning information official is not required to provide information that is confidential under state or federal statute or a court order.
area involved in the proposal, along with a recital of surrounding land
use and public facilities available to serve the area. The staff may
include with the statement an opinion of the proposal. The statement
must be made a part of the file concerning the proposal not less than six
(6) days before the proposal is scheduled to be heard. The staff shall
furnish copies of the statement to persons in accordance with rules
adopted by the commission.
(h) METRO. In the case of a proposal to amend a zoning map under section 608 of this chapter, this subsection applies if the proposal affects only real property within the corporate boundaries of an excluded city. Notwithstanding the other provisions of this section, the legislative body of the excluded city may decide that the legislative body rather than the plan commission should hold the public hearing prescribed by this section. Whenever the plan commission receives a proposal subject to this section, the plan commission shall refer the proposal to the legislative body of the excluded city. At the legislative body's first regular meeting after receiving a referred proposal, the legislative body shall decide whether the legislative body will hold the public hearing. Within thirty (30) days after making the decision to hold the hearing, the legislative body shall hold the hearing, acting for purposes of this section as if the legislative body is the plan commission. The legislative body shall then make a recommendation on the proposal to the plan commission. After receiving the excluded city legislative body's recommendation (or at the end of the thirty (30) day period for the public hearing if the proposal receives no recommendation), the plan commission shall meet and decide whether to make a favorable recommendation on the proposal. If the proposal receives a favorable recommendation from the commission, the proposal shall be certified to the county legislative body as provided in section 605 of this chapter.
(i) Before a proposal involving a structure regulated under IC 8-21-10 may become effective, the plan commission must have received:
(1) a copy of:
(A) the permit for the structure issued by the Indiana department of transportation; or
(B) the Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration; and
(2) evidence that notice was delivered to a public use airport as required in IC 8-21-10-3 not less than sixty (60) days before the proposal is considered.