(A) Organization. A Board of Zoning Appeals for the county is hereby established in accordance with I.C. 36-7-4-900 et seq.
(B) Meetings. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(C) Petitions. Prior to decision on petitions, the Board shall hold a public hearing thereon. At least ten days prior to the date set for hearing, notice shall be given by publication in a newspaper of general circulation in the county of the time and place of the hearing. Notice of the hearing, both as to time and place, shall be mailed to the petitioner and to the owners of adjacent affected property. The cost of preparing a certified list of affected property owners, notifying those property owners, and the cost of advertising the notice of public hearing shall be borne by the petitioner.
(1) The petitioner shall provide a list of the names and addresses (as determined from the most current property tax rolls) of all owners of affected property. This list shall be certified by a title company, township tax assessor, or county auditor, and shall include all owners of land immediately adjacent to, or across any public street or alley from the property and any other property owners the Board determines would be affected.
(2) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the enforcement officer or other duly authorized administrative officer, and the concurring vote of three members of the Board shall be required to decide in favor of the petitioner on any matter within the discretion of the Board upon which it is required to pass under this chapter or to affect any variation in the application of this chapter.
(3) The Board shall cause to be made a detailed report of all its proceedings, setting forth its reasons for its decision. The record, immediately following the Board's decision, shall be filed in the offices of the Board and of the Plan Commission, and shall be open to public inspection. Notice of the decision shall be mailed forthwith to each party in interest as aforesaid.
(D) Appeals. Any person or persons jointly or severally aggrieved by any decision of the Board, may proceed in the manner prescribed in I.C. 36-7-4-1003.
(E) File fee for appeal, variance.
(1) Any petition to the Board of Zoning Appeals appealing a decision of the enforcement officer or other duly authorized administrative officer, shall be accompanied by a filing fee of $300 which shall be held pending the final decision of the Board. If the Board reverses the decision of the enforcement officer, the filing fee shall be refunded to the petitioner. If the Board upholds the decision of the enforcement officer, the filing fee shall be deposited with the County Treasurer and no part of which shall be returnable to the petitioner.
(2) Any petition to the Board of Appeals for a variance from this chapter shall be accompanied by a filing fee of $200. Any petition to the Board of Zoning Appeals for a variance from use from this chapter shall be accompanied by a filing fee of $400. Both fees described above shall be deposited with the County Treasurer and no part shall be returnable to the petitioner.
(F) Powers of the Board of Zoning Appeals. The Board of Zoning Appeals shall have the powers provided in I.C. 36-7-4-900 et seq., and as assigned to it by this chapter. It may impose such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purposes of this chapter. It shall not, however, permit any use in conflict with this chapter.
(Prior Code, § 154.280) (Ord. passed 4-15-1957; Ord. 1215, passed 7-24-1984; Ord. 1564, passed 1-11-1994)