(A) An application to the Board, in cases in which it has original jurisdiction (special exceptions) under the provisions of this chapter, may be taken by any property owner, including a tenant, or by any governmental officer, department, board, or bureau. Such application shall be filed with the Zoning Administrator, together with a fee of $75 who shall transmit the same, together with all plans, specifications, and other papers pertaining to the application to the Board. Should the application be withdrawn prior to publication of legal notice thereon, such fee will be returned on written request of the applicant.
(B) An appeal to the Board may be taken by any property owner, including a tenant, or by any governmental officer, department, board, or bureau affected by any ruling of the Zoning Administrator. Such appeal shall be taken within a reasonable time, as prescribed by the rules of the Board, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board such notice of appeal, together with all the plans and papers constituting the record on which the action appealed from was taken. A fee of $75 shall also accompany the appeal. Should the appeal be withdrawn prior to publication of legal notice thereon, such fee will be returned on written request of the applicant.
(C) The Board shall fix a reasonable time for the hearing of an application or of an appeal. It shall give at least ten days' notice of the time and place of such hearing by insertion in a newspaper of general circulation in the city, and shall also give notice delivered by first class mail at least five days before the time fixed for such hearing to the applicant or appellant and to the Zoning Administrator, and to the respective owners of record of property adjoining or adjacent to the premises in question. Any party may appear at such hearing in person or by agent or by attorney. The Board shall decide the application or appeal within a reasonable time.
(D) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may, on due cause shown, be granted by the County Circuit or Superior Court, after notice to the Zoning Administrator or Board of Appeals and to the owner of the premises affected, and on due cause shown.
(Am. Ord. 1993-27, passed 1-3-94)
Statutory reference:
Appeals to Board, see IC 36-7-4-919
Hearing of appeals, see IC 36-7-4-920
Stay of work pending appeal, see IC 36-7-4-1001