(A) Membership.
(1) All members of the Board of Zoning Appeals shall be residents of the jurisdiction of the city as defined in § 152.005. The Board shall be made up of six members as follows:
(a) Three citizen members appointed by the mayor, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission.
(b) One citizen member appointed by the Common Council, who must not be a member of the Plan Commission.
(c) One citizen member appointed by the Plan Commission from its membership, other than the member appointed under subdivision (1)(a) above.
(d) One citizen member appointed by the Plan Commission, who shall be one of the two citizen members who were appointed to the Plan Commission to represent the unincorporated area, and who shall reside in the unincorporated area under the jurisdiction of the Plan Commission, pursuant to I.C. 36-7-4-903.
(2) The term of office of the Board shall be governed by I.C. 36-7-4-906, as it may be amended from time to time.
(Ord. 466, § 4-13-6, passed 5-11-98)
(B) Organization of Board. The organization and procedures of the Board, for the purposes of this chapter, shall be governed by the 900 series; Board of Zoning Appeals of I.C. 36-7-4, as it may be amended from time to time, and by any rule or regulation duly adopted by the Board. (Ord. 466, § 4-13-7, passed 5-11-98)
(C) Powers and duties of Board.
(1) The duties of the Board are governed by I.C. 36-7-4, sections 918.1 through 918.7 as amended from time to time, including the following:
(a) Hear and determine appeals from and review any order, requirement, decision or determination made by the Zoning Administrator.
(b) Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official, hearing officer, staff member or administrative board designated by ordinance (other than the Plan Commission) made in relation to the enforcement of the zoning ordinance, subdivision control ordinance and the enforcement of the building and occupancy permits as adopted under I.C. 36-7 and all sections therein applicable.
(c) In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination in appealed from as in its opinion ought to be done in the premises and to that end shall have all the powers from whom the appeal is taken.
(d) Hear, approve, deny, permit and authorize contingency uses, special uses and approve or deny variances of use from the terms of this chapter.
(2) 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 powers of the officer or Board from whom the appeal is taken. It may impose conditions regarding the location, character, and other features of the proposed building, structure or use with which the appeal before it is concerned as it may deem advisable in the furtherance of the purposes of this chapter, and the protection of the public convenience and welfare.
(Ord. 466, § 4-13-8, passed 5-11-98)