(A) The Board shall adopt Rules of Procedure concerning the filing of appeals, applications for variances and conditional uses, giving of notice, conduct of hearings and other matters as may be necessary to carry out their duties under this chapter. At the first meeting of each year, the Board shall elect a Chairperson and Vice-Chairperson from among its members.
(B) Public notice of hearings before the Board in accordance with I.C. 5-3-1-2 and I.C. 5-3-1-4 and notice to interested parties shall be given at least ten working days before the date set for the hearing. The Board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice. The party taking the appeal or applying for the conditional use or variance shall be required to assume the cost of public notice and due notice to interested parties in accordance with the Board's rules of procedure.
(C) The staff may appear before the Board at the hearing and present evidence relevant to the effect on the comprehensive plan or zoning ordinance of the granting of a variance or the determination of any other matter.
(D) The Board shall make a decision on any matter that it is required to hear at the public meeting at which the matter is first presented unless the matter is continued to another meeting.
(E) An affirmative vote by a majority of the Board shall be required to approve or deny a petition before the Board.
(F) Any petition approved by the Board, unless otherwise stipulated, shall expire and become void one year after the date of its granting unless the petitioner or his or her agent has put into effect the use on the property for which the petition was approved.
(G) The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings and record the specifics of each vote on all actions taken. All minutes and records shall be filed in the Area Plan Office and shall be a public record.
(H) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official or body from whom the appeal is taken certifies to the Board after the notice of appeal is filed that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In that case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board or by the County Circuit or Superior Court, and the notice shall be given to the administrative official or body from whom the appeal is taken and the owner of the premises affected and on due cause shown.
(I) After the person in charge of the work on the premises affected has received notice that an appeal has been filed with the Board, the staff shall have full power to order the work discontinued or stayed, and to call upon the police power of the county, city or town to give full force and effect to the order.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)