(A) Establishment and membership. Pursuant to I.C. 36-7-4-900 series, the participating legislative bodies establish the Hancock County Area Board of Zoning Appeals which shall conduct business consistent with all requirements of the Indiana Code and this chapter.
(B) Powers and duties. The powers and duties of the Hancock County Area Board of Zoning Appeals with regard to this chapter are defined by the Indiana Code, and are described in this chapter. These powers and duties are further described by the Board of Zoning Appeals Rules and Procedures.
(1) Duties. Duties should be interpreted as activities that are obligations. Board of Zoning Appeals duties include;
(a) Meeting time. Fix a reasonable time for the hearing of administrative appeals, special exceptions, and variances (I.C. 36-7-4-920);
(b) Minutes. Keep minutes of its proceedings and record the vote on all actions taken, file all minutes and records in the office of the Board, and make written findings of fact in all cases (I.C. 36-7-4-915);
(c) Rules and procedures. Adopt rules concerning the filing of appeals, applications, public notice, the conduct of hearings, and the determination of whether a variance application is for a variance of use or for a variance from the development standards (I.C. 36-7-4-916(a));
(d) Publications. Make adopted rules available to all applicants and other interested persons (I.C. 36-7-4-916(c));
(e) Variances. Review, hear, and approve or deny all applications for variances from development standards, such as height, setback, or area (I.C. 36-7-4-918.5);
(f) Special exceptions. Review, hear and approve or deny all applications for special exceptions (I.C. 36-7-4-918.2);
(g) Appeals. Review, hear, and decide appeals of decisions made under this chapter or in the enforcement of this chapter by the Plan Commission Director or other Plan Commission staff, committees, administrative boards, or any other bodies (except the Plan Commission) (I.C. 36-7-4-918.1); and
(h) Other duties. All additional duties as established by the Indiana Code.
(2) Powers. Powers should be interpreted as activities that are optional and may be initiated by the Board. Board of Zoning Appeals powers include:
(a) Hearing officer. Appoint a hearing officer (I.C. 36-7-4-923);
(b) Secretary. Appoint a secretary and other employees as necessary for the discharge of Board duties (I.C. 36-7-4-913); and
(c) Other powers. All additional powers as permitted by the Indiana Code.
(C) Rules and procedures. The Board of Zoning Appeals shall have sole authority to adopt any and all rules under I.C. 36-7-4-916 and any and all procedures concerning organization, selection of officers, forms for applications, filing requirements, procedures, notices and conduct of meetings, and public hearings.
(D) Filing. All applications for variances, special exceptions, and requests for administrative appeal shall be filed by the applicant with the Planning Director in the manner prescribed by the Board.
(E) Communication with Board members. No person (including applicants, remonstrators, and other interested parties) may 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.
(F) Notice of public hearing. For all public hearings, notice shall be provided to the public consistent with the requirements of § 156.101.
(G) Re-filing of denied applications. No request for variance, special exception, or administrative appeal that has been denied may be re-filed for a period of one year from the date of the denial, unless substantial changes have been made that address the reasons for denial.
(H) Appeals. Every decision of the Board of Zoning Appeals shall be subject to review by a court of jurisdiction (writ of certiorari) as prescribed by I.C. 36-7-4-1000 series. All appeals shall be presented to a court of jurisdiction.
(I) Improvement location permit required. If the Board grants a special exception or variance, it shall direct the applicant to apply for an improvement location permit. If such application complies with all requirements established by the Board and this chapter, an improvement location permit for the execution of the approved variance or special exception shall be issued.
(J) Expiration of approvals. A special exception or variance ceases to be authorized and is expired if the obtaining of an improvement location permit, or the execution of the approval, has not been completed within one year of the date the variance or special exception is granted. The variance or special exception shall also expire if the approved construction has not been completed and approved by the Planning Director as being consistent with all written commitments or conditions, the requirements of this chapter, and all applicable permits within two years of the date the approval is granted.
(K) Termination. A variance or special exception may be terminated by the Board of Zoning Appeals under the following procedure:
(1) Public hearing. Upon determination by the Planning Director that possible grounds for termination exist, the matter shall be placed on the Board of Zoning Appeals agenda for a public hearing. The Planning Director shall notify the applicant and all adjoiner properties previously noticed, of the hearing via certified mail a minimum of ten days prior to the hearing.
(2) Grounds for termination. At the public hearing the variance or special exception shall be revoked if a finding is made by the Board that one or more of the following is true:
(a) The execution of the approval is not consistent with any requirement of this chapter;
(b) The execution of the approval is not consistent with any condition of approval;
(c) The execution of the approval is not consistent with any written commitment; or
(d) The approved was the result of fraud or the misrepresentation of facts.
(3) Time limitation. No special exception or variance may be reviewed by the Board of Zoning Appeals for the same cause more than once in any one-year period.
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
Board of Zoning Appeals, see I.C. 36-7-4-900 series
Cross reference:
Jurisdiction, see § 156.002(B)
Notice of public hearing, see § 156.101