HomeMy WebLinkAboutZ-557-12 FAILED Amending Qualifications of BZA Hearing OfficersSponsor: Councilor Rider
ORDINANCE Z- 557 -12
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance Amending the Qualifications of BZA Hearing Officers
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (cont ed in IC 36 -7-
4), each unit of local government that wishes to adopt land use and zoning ordinanc-: t first approve by
resolution a comprehensive plan for the geographic area over which it has jurisdic d
WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009'
given a favorable recommendation by the Carmel Advisory Plan Commissio
duly approved by Resolution No. CC- 05- 04 -09 -02 of the Common Coun
the official Comprehensive Plan of the City of Carmel and Clay Township;
n
o. 08070020 CP was
o r ovember 18, 2008, and
ay 4, 2009, and is therefore
and
WHEREAS, the City wishes to maintain an orderly, c
nsist
t a streamlined Zoning Ordinance;
WHEREAS, pursuant to Indiana Code 36 -7 -4 -602 the Cori r on Council is authorized to amend the
text of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36 -7-4 -610 City of Carmel Ordinance No. D- 1600 -02,
the Carmel Zoning and Subdivision Control Ordi
Code;
NOW, THEREFORE, BE IT 0
Indiana, that, pursuant to IC 36 -7 -4 -6
having received favorable recommend
15, 2012, it hereby adopts this Ordina
amended), to read as follows:
Section I:
nce\ arf corporated by reference into the Carmel City
1 and
ions from
to ame•
ZO Chapter 30: Board of Zoning Ap , eals:
a.
y the Common Council of the City of Carmel,
-4 -700 et seq. and after Docket No. 12040015 OA
e Carmel Advisory Plan Commission on Tuesday, May
d the Carmel Zoning Ordinance (Ordinance No. Z -289, as
Amend Section 30.08: Ahern ' 'e Procedure to read:
30.08 Alternate Proced
30.08.01Hearin. •'ficers: •ualifications A. ointment and Removal. Pursuant to I.C. 36 -7 -4 -923, the
Conuni .. ion hereby establishes the position of Hearing Officer. A Hearing Officer must be a current or
forme • member of the Board or an attorney licensed to practice law in Indiana. One (1) or more
He. ng Officers shall be appointed by the Commission. A Hearing Officer may be removed from his
o er responsibilities at any time by the Commission.
Section II: All prio Ordinances or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
Section III: T is Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
VA%Lel)
by the Common Council of the City of Cannel, Indiana this L day of
2012 • y a vote of 0 ayes and `7 nays.
Ordinance Z- 557 -12
1
06/04/2012
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Kevin D. Rider
Richard L. Sharp, President Pro Tempore Carol Schleif
Ronald E. Carter W. Eric Seidensticker
Sue Finkam Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2012, at .M.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2012, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk - Treasurer
Prepared by:
Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032
Ordinance Z- 557 -12
2
06/04/2012
CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36 -7 -4 -605
ORDINANCE Z- 557 -12
An Ordinance to Amend Chapter 30: Board of Zoning Appeals of the Zoning Ordinance.
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application to the Commission
(Docket No. 12040015 OA) to Amend Chapter 30: Board of Zoning Appeals in order to modify the
qualifications of BZA Hearing Officers.
The Carmel Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting on May 15, 2012 the Commission voted ten (10) in Favor, zero (0) Opposed, zero
(0) Abstaining, to forward to the Common Council the proposed Ordinance Z- 557 -12 with a Favorable
Recommendation with an amendment to modify Hearing Officer qualifications.
Please be advised that by virtue of the Commission's Favorable Recommendation, pursuant to IC 36-7-4 -
607(e)(3), the Council has ninety (90) days to act on this petition before it becomes effective as Certified
by the Commission. Ninety days from the date of the original Certification (May 24, 2012) is
Wednesday, August 22, 2012.
R . mona Hancock, S - cretary
Carmel Plan Commission
Dated: May 24, 2012
2012 -0524; Z- 557 -12; PC Certification.doc
CARMEL PLAN COM ISSION
BY:
an, President
610 :G! d h Z A s it
1 a