The Board of Zoning Appeals (BZA) shall hear and make decisions on appeals. Appeals shall be classified into two types: administrative appeals which shall concern any order, requirement, decision, or determination made by the Planning Director; and non-conforming situation appeals which shall concern any extension, expansion, relocation or change of any lawful non-conforming situation.
(A) Application process. The petition process for both appeal types is as follows:
(1) Appeals shall be applied for in writing on a form provided by the Plan Commission.
(2) Every petition for an appeal shall be accompanied by the following:
(a) All applicable fees;
(b) A list of affected parties;
(c) A legal description of the property; and
(d) A site sketch, not necessarily drawn to scale, on plain paper no smaller than 8 1/2 x 11 inches, showing:
1. All existing structures;
2. All property boundaries;
3. All adjacent rights-of-way;
4. All utility easements and facilities, including but not limited to, telephone, gas, fire hydrants, and the like;
5. All driveways and parking spaces; and
6. Any other information the Planning Director may require.
(3) The BZA shall hear and determine all appeal petitions during a public hearing, consistent with I.C. 36-7-4-920.
(4) The disposition of the appeal shall be by an affirmative vote of the BZA and shall be covered by BZA rules of procedure adopted by resolution.
(B) Administrative appeals findings of fact. An administrative appeal decision may be approved only upon a written finding of fact that:
(1) The Planning Director acted outside the authority of the position.
(2) The Planning Director acted arbitrarily and capriciously.
(3) The Planning Director acted on incomplete, insufficient or inaccurate information.
(C) Non-conforming situation findings of fact. A nonconforming situation appeal may be approved only upon a written finding of fact that:
(1) The literal enforcement of this chapter will result in an unnecessary hardship if applied to the property for which the appeal is sought.
(2) The request for the appeal is because of unique characteristics of the property involved.
(3) Approval of the appeal will preserve the land use of the property and character of the neighborhood.
(4) Approval of the appeal will observe the spirit of this chapter.
(5) The approval of the appeal will conform to the comprehensive plan.
(D) Nonconforming situation appeal conditions. When approving nonconforming situation appeals, the BZA may impose reasonable conditions as a part of its approval.
(Ord. 4-2009, passed 3-9-09)