(A) The Board shall fix a reasonable time for the hearing of administrative appeals, special exceptions and variances.
(B) Public notice in accordance with I.C. 5-3-1-2 and I.C. 5-3-1-4 and due notice to interested parties shall be given at least ten days before the date set for the hearing.
(C) The party pursuing the appeal or applying for the special exception or variance shall be required to assume costs of public notice and notice to interested parties. Interested parties shall include, but are not limited to, all properties adjacent within 600 feet or two properties deep whichever is less of the subject site boundaries within the corporate boundary and only directly adjacent properties outside the corporate limit.
(D) The Board may, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.
(E) Other persons may appear and present relevant evidence at such public hearing.
(F) A person may not communicate with any member of the Board before the hearing with intent to influence the member’s action on a matter pending before the Board.
(G) Special meetings may be called by the Chairperson or by two members of the Board upon written request to the Secretary. The Secretary shall send to all members, at least three days before the special hearing, a special notice fixing the time and place of the meeting. Written notice is not required if:
(1) The date, time and place of the special meeting are fixed in the regular meeting;
(2) All members of the Board are present at that regular meeting; and
(3) The Secretary complies with the notice requirement of I.C. 5-14-1.5.
(H) The Chairperson of the Board shall preside over meetings and hearings, decide questions of order, subject to appeal by Board meetings, and preserve decorum in the meeting room. The Chairperson may warn any person present that particular conduct is a breach of courtesy and may order a person expelled from the meeting for disruptive conduct.
(I) The Board shall use Robert’s Rules of Order when conducting its meetings and hearings.
(J) The Board may set time limits on public input when deemed necessary.
(K) The Secretary shall keep minutes of its proceedings and record the vote on all actions taken. The Board shall also make written findings of fact in all cases heard by it. The minutes shall be presented to the Board at the next succeeding regular meeting. When approved, the minutes shall be signed by the Chairperson and attested by the Secretary.
(Ord. 2002-05, passed 12-30-2002, § 12.6)