(A) Membership.
(1) A Board of Zoning Appeals is established, with membership as follows:
(a) Five members appointed by the Town Council President, two of whom must be members of the Plan Commission; and
(b) One member appointed by the Judge of the County Circuit Court from the jurisdictional area.
(2) At the first meeting in each calendar year, the Board shall elect from among its members a Chair and a Vice-Chair.
(Prior Code, § 14.01)
(B) Powers and duties.
(1) The function of the Board is to hear and determine appeals for exceptions to town zoning ordinances.
(2) Consistent with state law, it may appoint and fix the compensation of a Secretary and such employees as it considers necessary to discharging its duties.
(3) The Board shall prescribe such regulations as it considers necessary to carry out the town zoning ordinances.
(Prior Code, § 14.02)
(C) Public availability. Meetings of the Board shall be open to the public. The Board shall keep minutes of its meetings, keep records of all examinations and other official actions, make all findings in writing and record the vote of each member on each question. Minutes and records shall be filed in the office of the Board and made available to the public.
(Prior Code, § 14.03)
(D) Hearings. Upon application for a special exception or variance, and upon appeal from a decision of the Building Commissioner, the Board shall hold a public hearing. Public notice setting forth the time and place shall be given at least 15 days before the date of the hearing in a newspaper of general circulation in the county. Interested parties shall be notified as provided by the Board. The cost of such notices shall be borne by the person applying or appealing.
(Prior Code, § 14.04)
(E) Variances. The Board may grant a variance with respect to specific property or an intended use if, after a hearing under division (D) above, it finds that:
(1) There are special circumstances relating to the property or intended use that do not generally affect other property or other uses of the same kind in the same district and vicinity;
(2) The special circumstances create hardship in that, if the variance is not granted, a substantial property right that is enjoyed by other properties in that district and vicinity cannot be enjoyed;
(3) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to other property or uses in that district and vicinity; and
(4) The granting of the variance will not materially change the character of that district and vicinity, materially lower the market value of adjacent property or materially increase congestion in the streets.
(Prior Code, § 14.05)
(F) Appeals.
(1) A decision of the Building Commissioner enforcing a zoning ordinance may be appealed to the Board by any person who is adversely affected by the decision.
(2) On an appeal under the above, the Board may reverse, modify or uphold any decision that the Building Commissioner might have made.
(3) A decision of the Board is subject to review by certiorari.
(Prior Code, § 14.06)
(G) Enforcement.
(1) Any person may, by suit in the Circuit or Superior Court of the county, enjoin the violation of the zoning ordinance.
(2) The Commission or the Board may, by mandatory injunction in the Circuit or Superior Court of the county, require the removal of a structure erected in violation of the ordinance.
(3) A use that violates an ordinance shall be treated as if it were a common nuisance, and it may be abated in the same manner as such a nuisance.
(Prior Code, § 14.07)
(H) Filing fees.
(1) Applications and petitions filed pursuant to the provisions of this section shall be accompanied by a filing fee, which filing fee shall be in accordance with a schedule established by the Board of Zoning Appeals, and approved by the Town Council, and placed on file in the office of the Town Clerk-Treasurer.
(2) The office of the Clerk-Treasurer shall also serve as the office of the Board of Zoning Appeals.
(Prior Code, § 14.08)
(I) Amendments. All amendments to this section shall be in accordance with the laws of this state.
(Prior Code, § 14.09)
(J) Remedies. Action on the violation of any provision of this section and the rights of injunction against such violation shall be as provided by Ch. 174, Acts of 1957 of the state’s General Assembly, and all acts amendatory thereto.
(Prior Code, § 14.10)
Penalty, see § 31.99
Editor’s note:
Forms for requesting a variance and/or special exception or for applying for an improvement location permit are available through the town, as well as example improvement location permits.