The Board of Zoning Appeals shall fix a reasonable time for the hearing of administrative appeals, exceptions, uses, and variances.
(A) 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, if the notification is hand-delivered and signed and dated by the interested party by the ten-day date, or 12 days prior to the hearing, if the notification is certified mailed and post marked by the 12-day date.
(B) The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear in person, by agent, or by attorney.
(C) The Board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.
(D) The Planning Department staff, if any, may appear before the Board at the hearing and present evidence in support of, or in opposition to, the granting of a variance, or the determination of any other matter.
(E) Other persons may appear and present relevant evidence.
(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. Not less than five days before the hearing, however, the staff (as defined in the Zoning Ordinance), if any, may file with the Board a written statement setting forth any facts or opinions relating to the matter.
(G) The Board may require any party adverse to any pending petition to enter a written appearance specifying the party’s name and address. If the written appearance is entered more than four days before the hearing, the Board may also require the petitioner to furnish each adverse party with a copy of the petition and a site plan of the property involved.
(Prior Code, § 153.139) (Ord. 93-02, passed 2-1-1993)