(A) Established. There is hereby re-established an Advisory Board of Zoning Appeals to be known as the “Board of Zoning Appeals of the Town of Danville, Indiana.” The Board of Zoning Appeals shall be a continuation of the present Board of Zoning Appeals of the Town of Danville heretofore established under I.C. 36-7-4-900 Series.
(B) Membership.
(1) The Board of Zoning Appeals shall consist of five members appointed as follows:
(a) Three members appointed by the Town Council President, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission.
(b) One member appointed by the Town Council must not be a member of the Plan Commission.
(c) One member appointed by the Plan Commission from the Plan Commission’s membership who must be a citizen member of the Plan Commission other than a member appointed under division (B)(1)(a).
(2) Members of the Board of Zoning Appeals may not hold other elective office in municipal, county or state government, except as permitted in this section; and all members must be residents of the town.
(C) Terms of office. Following adoption of this section, each of the above members shall be re- appointed for the balance of the term being served on the present Board of Zoning Appeals. Thereafter each member shall be for a term of four years. Each term shall expire on the first Monday in January of the year of termination.
(D) Territorial jurisdiction. The Board of Zoning Appeals shall have jurisdiction over all the land subject to the Zoning Ordinance.
(E) Subject matter jurisdiction. The Board of Zoning Appeals shall have exclusive jurisdiction for the following:
(1) To review, approve or deny special exceptions.
(2) To review, approve, or deny variances of use from the terms of this section.
(3) To review, approve, or deny variances from the development standards (such as height, bulk, or area) of this section.
(4) To review, hear and determine appeals from:
(a) Any order, requirement, decision, or determination made by an administrative official or staff member under the Zoning Ordinance; and
(b) Any order, requirement, decision or determination made by an administrative board or other body except the Plan Commission in relation to the enforcement of the Zoning Ordinance.
(F) Staff. The staff of the Board of Zoning Appeals shall consist of the Administrator as defined in this section and any other employees of the town that he or she may direct from time to time to assist him or her or the Board of Zoning Appeals.
(1) Authority. The staff shall have the authority to take those lawful actions necessary to enforce the terms of this section on behalf of the Plan Commission and the Board of Zoning Appeals.
(2) Duties. The authority to perform inspections, review applications, and issue permits is hereby delegated to the staff.
(G) Rules and procedures.
(1) Rules and by-laws. The Board of Zoning Appeals shall have sole authority to adopt rules as permitted by I.C. 36-7-4-916 as well as by- laws concerning organization, selection of officers, forms for applications, filing requirements, procedures, and notices for and conduct of meetings. Upon adoption of such rules and by-laws they shall be applicable to the Board of Zoning Appeals and shall be printed and made available to applicants and other interested parties.
(2) Facilities and funding. The town shall provide suitable facilities for the holding of Board of Zoning Appeals hearings and the storage of its recorded documents and accounts. The town shall, in its annual budget, provide sufficient funds for the functioning of the Board and its staff.
(3) Minutes. The Board of Zoning Appeals shall keep minutes of all of its proceedings and keep a record of all votes and actions taken. All minutes and records shall be considered public records.
(4) Filing. All applications for variances, special exceptions, and requests for appeal shall be filed by the applicant with the Planning Director.
(5) Hearings. All hearings required for variances and appeals shall be by the Board of Zoning Appeals. Procedures for public notice setting forth time and place for all hearings of the Board of Zoning Appeals shall be established by the Board of Zoning Appeals, except that public notice and due notice to all interested parties shall be given at least ten days before the date set for the hearing, and shall comply with the regulations set forth in I.C. 5-3-1-2 and I.C. 5-3-1-4.