HomeMy WebLinkAboutApplication Keeling, Adrienne M
From: Keeling, Adrienne M
Sent: Wednesday, April 18, 2012 11:45 AM
To: Conn, Angelina V; Boone, Rachel M.; Blanchard, Jim E; Donahue-Wold, Alexia K; Hancock,
Ramona B; Hollibaugh, Mike P; Littlejohn, David W; Mindham, Daren; Stewart, Lisa M;
Tingley, Connie S; Mishler, Nicholas F; Duncan, Gary R; Maki, Sue; 'GARY DOXTATER';
Thomas, John G; Barnes, David R; Redden, Nick; 'John Molitor'
Subject: Docket No. Assignment: (OA) BZA Hearing Officer (#12040015 OA)
I have issued the necessary Docket Number for(OA) BZA Hearing Officer Amendment. It is the following:
Docket No. 12040015 OA
Application Fee: $0.00(exempt)
Total Fee: $0.00
Docket No. 12040015 OA: BZA Hearing Officer Amendment
The applicant seeks to amend Zoning Ordinance Chapter 30: Board of Zoning Appeals in order to modify the
qualifications of BZA Hearing Officers. Filed by the Carmel Department of Community Services on behalf of the Carmel
Plan Commission.
1. This Item will NOT be on an agenda of the Technical Advisory Committee (TAC).
2. Published Public Notice will occur Friday,April 20th, in the Indianapolis Star.
3. Thirteen (13) Informational Packets will be delivered to Plan Commission Secretary Ramona Hancock no
later than NOON, Friday, May 4, 2012.
4. The Item will appear on the May 15,2012 agenda of the Plan Commission (under"Public Hearings").
5. The Item may also appear on the June 5,2012 agenda of a Plan Commission Sub Committee.
If you have any questions, please let me know.
Adrienne Keeling
PLANNING ADMINISTRATOR
PH:317-571-2417 F:317-571-2426
akeeling @carmel.in.gov
City of Carmel- Dept of Community Services
ONE CIVIC SQUARE,CARMEL,IN 46032
1
CITY OF CARMEL ZONING ORDINANCE
30.06 Conditions Relating to Board Actions in the Flood Plain Districts.'
The Board may not exercise any of its powers(i.e., Special Uses,Variances,Appeals,etc.) in the FP or FW Districts until the
Board has received written approval from the Indiana Natural Resources Commission. The Board may not vary flood
protection grade requirements in the FF district without written approval from the Indiana Natural Resources Commission.
30.07 Review by Certiorari.'
Every decision of the Board shall be subject to judicial review,according to the Advisory Planning Law.
30.08 Alternate Procedure. 7-CU
30.08.01 Hearing Officers: Qualifications, Appointment and Removal. Pursuant to LC:' 36-7-4-923, the Commission hereby
establishes the position of Hearing Officer. A Hearing Officer must be a//((�member of the Board or an attorney
licensed to practice law in Indiana. One (1) or more Hearing Officers shall'be appointed by the Commission. A
Hearing Officer may be removed from his or her responsibilities at any time by the Commission.
30.08.02Powers of Hearing Officers. A Hearing Officer has the power of the Board to approve or deny (1) a variance from
the development standards of the Zoning Ordinance, in accordance with I.C. 36-7-4-918.5; or (2) a special use or
special exception from the terms of the Zoning Ordinance,in accordance with I.C. 36-7-4-918.2.
30.08.03 Procedural Rules Governing Hearing Officers. Except as provided in this Section 30.08,all procedural requirements
imposed by the Rules of Procedure of the Board, by the Zoning Ordinance, and by I.C. 36-7-4-900 et seq.. apply
generally to the alternate procedure. Specifically, the provisions of I.C. 36-7-4-920(g) regulating communication
with any member of the Board shall be construed to prohibit communication by any person (other than the staff as
permitted by law)with a Hearing Officer before the hearing with intent to influence the Hearing Officer's action on
a matter pending before him or her.
30.08.04Docketing of Matters; Copies to Members of the Board. After the Director has formally accepted any
Developmental Standards Variance, Special Use, or Special Exception application as complete and in legal
compliance, the Director may, if the Director believes that it would allow for more expedient disposition of the
application,place the matter upon a Hearing Officer's agenda instead of placing the matter upon the Board's agenda.
Copies of each Hearing Officer's agenda shall also be submitted to all members of the Board,no less than ten (10)
days before the Hearing Officer's hearing of the matters on that agenda. Any member of the Board may then
communicate with the Director if, in the opinion of the member,the application should be placed upon the Board's
agenda.
30.08.05 Transfer to Board's Agenda.The Director may,not less than five(5)days before a hearing before a Hearing Officer,
remove any application from the Hearing Officer's agenda if,in the opinion of the Director:
(1) the approval of the Developmental Standards Variance, Special Use,or Special Exception may be found to
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 in the variance, use, or exception may be
found to be affected in a substantially adverse manner.
If the Director removes an application from a Hearing Officer's agenda, the application shall be considered
withdrawn,or shall be transferred to the agenda of the Board if requested by the applicant.
30.08.06 Conditions Proposed by Director;Transfer to Board's Agenda. The Director may,not less than five (5) days before
a hearing before a Hearing Officer, indicate that he or she does not object to the approval of a Developmental
Standards Variance, Special Use,or Special Exception by the Hearing Officer if specified Conditions are attached. If
the applicant does not accept these Conditions,the application shall be considered withdrawn,or shall be transferred
a For additional regulations regarding Flood Plain Districts,see Chapter 22:Flood Hazard Districts.
5 Section 30.07 amended per Ordinance No.Z-365-01.
6 Section 30.08 adopted per Ordinance No.Z-365-01;Z-453-04,§fp.
Chapter 30:Board of Zoning Appeals
30-4
as amended per Z-365-01;Z-453-04;Z-460-04;Z-509-07;Z-530-09
Summer 2009 v I