BREAKING NEWS: COUNTY COMMISSION PLNNING TO WITHDRAW FROM THE VANDERBURH COUNTY AREA PLAN

VANSDBURGH COUNTY COMMISSION PLANNING TO WITHDRAWING FROM THE VANDERBURGH COUNTY AREA PLAN  

PLANNING TO WITHDRAW FROM THE VANDERBURGH AREA PLAN  ORDINANCE IS POSTED BELOW

WHEREAS, Ind. Code § 36-7 authorizes Vanderburgh County, Indiana (“County”) to plan for and regulate the improvement, maintenance, location, condition, platting, subdividing, and use of land within its applicable jurisdiction, and to improve the health, safety, convenience, and welfare of its citizens and to plan for the future development of its community through the exercise of planning and zoning powers; and 

WHEREAS, Ind. Code § 36-7-4 provides for the advisory planning law and authorizes the establishment of an advisory plan commission for a county; and   

WHEREAS, Vanderburgh County has prior hereto participated in the Vanderburgh County Area Planning Department (“Area Planning Department”) (including the Vanderburgh County Area Plan Commission (“APC”)) under the area planning law; and 

WHEREAS, the County desires to withdraw from the Area Planning Department, establish the Vanderburgh County Plan Commission, and exercise its authority and operate under the advisory planning law. WHEREAS, the County anticipates duly appointing the members of the Vanderburgh County Plan Commission and after that reaffirming the adoption of the currently applicable planning and zoning ordinance, rules, and regulations applicable within the County subject only to the transfer of functions attendant to the County’s withdrawal from the Area Planning Department and establishment of the Vanderburgh County Plan Commission under the advisory planning law.     

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Commissioners of Vanderburgh County, Indiana (“Commissioners”), as follows:

1. Vanderburgh County now withdraws from the Area Planning Department, including the APC.    
2. Pursuant to Ind. Code § 36-7-4-202 and other applicable law, there is hereby established an advisory plan commission for the County to be known as the “Vanderburgh County Plan Commission” with all authority under Ind. Code § 36-7-4 and all amendments thereto. 
3. The membership of the Vanderburgh County Plan Commission shall be as provided by Ind. Code § 36-7-4-200 et seq., and composed of nine (9) members.  For purposes of Ind. Code § 36-7-4-208(a)(5), the five (5) citizen members shall be appointed by the Commissioners, of whom not more than three (3) may be of the same political party, as provided in Ind. Code § 36-7-4-208(a)(5)(B).
4. Terms of members of the Vanderburgh County Plan Commission shall be as provided by Ind. Code § 36-7-4-200 et seq.  
5. The County’s planning jurisdiction shall include (i) all unincorporated areas of Vanderburgh County, and (ii) all areas within a municipality that has not established an advisory plan commission or adopted the area planning law. The responsibilities, duties, powers, and procedures of the Vanderburgh County Plan Commission shall be as set forth in Ind. Code § 36-7-4 as amended and all other applicable laws and County ordinances.
6. It is the intent of the Commissioners that this Ordinance and the acts hereunder not abrogate or alter the prior and currently applicable planning and zoning ordinance, rules, and regulations applicable within the County subject only to the transfer of functions attendant to the County’s withdrawal from the Area Planning Department and establishment of the Vanderburgh County Plan Commission under the advisory planning law.  
7. The County planning staff, Vanderburgh County Plan Commission, Vanderburgh County Board of Zoning Appeals, and all other applicable County officials, agencies, boards, and commissions, shall cooperate with the Area Planning Department, and all other applicable Vanderburgh County and municipal officials, agencies, boards, and commissions as may be necessary and appropriate in furtherance of the County’s withdrawal from the Area Planning Department and establishment of the Vanderburgh County Plan Commission under the advisory planning law, and to provide for the continuous coverage of planning and zoning functions in those areas under the County’s zoning jurisdiction.
8. The terms, paragraphs, sentences, words, and acts of this Ordinance are separable, and if a court of competent jurisdiction hereof declares any portion of this Ordinance unconstitutional, invalid, and unenforceable for any reason, such declaration shall not affect the remaining portions or acts hereof and the court shall substitute such provisions or acts with a constitutional, valid, and enforceable provision or act as would be necessary to effectuate and provide for the County’s withdrawal from the Area Planning Department, establishment of the Vanderburgh County Plan Commission, and the County’s autonomous operation under the advisory planning law, or to effectuate the enforceability of the applicable planning or zoning ordinance, rule, or regulation within the County and be in furtherance of the County’s withdrawal from the Area Planning Department and the establishment of the Vanderburgh County Plan Commission and its operation under the advisory planning law. Nor shall the validity or invalidity of other zoning and planning actions taken the date hereof by the Commissioners or the Vanderburgh County Plan Commission adversely affect or undermine the County’s withdrawal from the Area Planning Department, establishment of the Vanderburgh County Plan Commission, and the County’s autonomous operation under the advisory planning law.
9. Just so you know – the terms or provisions of other ordinances in conflict with the terms or provisions hereof, if any, are superseded.
10. This Ordinance is effective immediately upon passageORDINANCE NO. CO.09-24-011.

PASSED AND ADOPTED on the ____ day of ______________, 2024, by the Board of Commissioners of Vanderburgh County, Indiana, by a vote of ____ in favor and ____ against.BOARD OF COMMISSIONERS OF VANDERBURGH COUNTY, INDIANA.

Presiding Officer

ATTEST:

Secretary

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