(A) Establishment. A Board of Zoning Appeals is hereby established in accordance with I.C. 36-7-4-901(a). The Board shall be composed of five members, all of whom shall be residents of the city, and one of whom shall hold other elective or appointive office, except that two of the five members shall be appointed from the Plan Commission’s citizen membership. Of the original five members, one shall be appointed to serve for one year; one for two years; one for three years; and two for four years. Terms of these members shall expire on January 1 of the first, second, third, or fourth year, respectively, following their appointment. Thereafter, as terms expire, each new appointment shall be for a term of four years. All members of the Board shall be appointed by the Mayor.
(1985 Code, § 8-6-1)
(B) Organization. At the first meeting of each year, the Board shall elect a Chairperson and a Vice-Chairperson from among its members, and it may appoint and fix the compensation of a Secretary and the employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensations theretofore fixed by the City Council. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings, and record the vote of each member voting upon each question. All minutes and records shall be filed in the office of the Board and shall be a public record.
(1985 Code, § 8-6-2)
(C) Powers and duties.
(1) The Board shall have the following powers and it shall be its duty to:
(a) Adopt rules and regulations as it may deem necessary to effectuate the provisions of this chapter;
(b) Hear and determine appeals from and review any order, requirement, decision, or determination made by the Building Inspector in the enforcement of this chapter;
(c) Hear and decide on permits for conditional uses, development plans, or other uses upon which the Board is required to act under this chapter;
(d) Authorize upon appeal in specific cases the variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; however, no variance in the application of the provisions of this chapter shall be made by the Board relating to buildings, land or premises now existing or to be constructed, unless after a public hearing, the Board shall find that the variance will not:
1. Alter the land use characteristics of the district;
2. Impair the adequate supply of light and air to adjacent property;
3. Increase the hazard from fire, flood, and other dangers of the property;
4. Diminish the marketable value of adjacent land and buildings;
5. Increase the congestion in the public streets; or
6. Otherwise impair the public health, safety, convenience, comfort, or general welfare.
(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 the powers of the Building Inspector from whom the appeal is taken. Every decision of the Board shall be subject to review by certiorari.
(1985 Code, § 8-6-3) (Ord. passed 3-25-1957)