A Board of Zoning Appeals is hereby established with membership and appointment provided in accordance with IC 36-7-4-900 et seq., and all acts now or hereafter amendatory thereto.
(A) At the first meeting of each year, the Board shall elect a Chairman and a Vice Chairman from among its members, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by the legislative authority.
(B) The Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this chapter.
(C) All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, keep records of all examinations and other official actions, prepare findings, and record the vote of each member voting upon each question. All minutes and records shall be filed in the office of the Board and shall be of public record.
(D) Any decision of the Building Commissioner in the enforcement of this chapter may be appealed to the Board by any person claiming to be adversely affected by that decision.
(E) The Board shall have the following powers and it shall be its duty to:
(1) Hear and determine appeals from and review any order, requirement, decision, or determination made by the Building Commissioner in the enforcement of this chapter.
(2) Hear and decide on permits for a variance, special exception, or other uses upon which the Board is required to act under this chapter.
(3) Authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this chapter shall be observed and substantial justice done.
(F) In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the Building Commissioner from whom the appeal is taken.
(G) Every decision of the Board shall be subject to review by certiorari.
(H) No variance in the application of the provisions of this chapter shall be made by the Board relating to buildings, land, or premises now existing or to be constructed, unless after a public hearing, the Board shall find:
(1) That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and district.
(2) That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied to the property in question.
(3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and district in which the property is located.
(4) That the granting of the variance will not alter the land use characteristics of the vicinity and district, diminish the marketable value of adjacent land and improvements, or increase the congestion in the public streets.
(5) That the granting of such variance complies with the requirements of §
152.36(B).
(I) Prior to the determination of an appeal or a decision on a permit for a variance or special exception, the Board shall fix a reasonable time for the hearing. Public notice shall be given at least ten days prior to the date set for the hearing by publishing a notice thereof in a newspaper of general circulation in the jurisdictional area setting forth the time and place of the hearing, and by giving due notice to interested persons in accordance with the rules of the Board.
(J) The Board shall require the person taking the appeal to assume the cost of public notice and due notice to interested persons.
(Ord. 2281, passed 4-2-79)
