(A) Establishment. The City Board of Zoning Appeals (referred to herein as the Board of Zoning Appeals, the BZA or the Board) which shall conduct business consistent with all requirements of the Indiana Code and this unified development ordinance, is hereby established pursuant to the I.C. 36-7-4-900 series.
(B) Duties. Duties should be interpreted as activities that are obligations. Board of Zoning Appeals duties include:
(1) Rules of procedure. The Board of Zoning Appeals shall have sole authority to adopt any and all rules under I.C. 36-74-916 and any and all procedures concerning organization, selection of officers, forms for applications, filing requirements, procedures, notices and conduct of meetings, and public hearings;
(2) 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)
(a) Written findings of fact. No variance in the application of the provisions of the ordinance 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, in writing that:
(1) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(3) The strict application of the terms of this ordinance will result in practical difficulties in the use of the property.
(I.C. 36-7-4-918.5)
(b) Conditions or commitments for variances. The Board may impose reasonable conditions upon or require commitments for its approval as it deems necessary to find that the variance will not subvert the general purpose of this or any other city ordinance and will not injure property, uses or natural, scenic or historic features in the same zoning district and vicinity. These conditions may include limitations concerning use, construction, character, location, landscaping, screening, parking and other matters related to the purpose and intent of this ordinance; and
(c) Failure to comply. Where an owner has failed to comply with any condition and/or commitment permitted or required by the grant of the variance, the Board may authorize this action as consistent with § 10.4.
(3) Conditional uses.
(a) Review, hear and approve or deny all applications for conditional uses; and
(I.C. 36-7-4-918.2)
(b) Imposition of additional conditions. The Board may impose additional conditions to assure that the conditional use will conform to the intent of this ordinance.
(I.C. 36-7-4-918.2 and 36-7-4-921)
(4) Appeals. Review, hear and decide appeals of decisions made under this ordinance or in the enforcement of this ordinance by the Administrator and/or his or her designees, committees, administrative boards or any other bodies (except the Plan Commission); and
(I.C. 36-7-4-918.1)
(5) Other duties. All additional duties as established by the State Code and the City Board of Zoning Appeals Rules of Procedure.
(C) Powers. Powers should be interpreted as activities that are optional and may be initiated by the Board as per the Indiana Code or the BZA Rules of Procedure.
(D) Applications. All applications for variances, conditional uses and requests for administrative appeal shall be filed by the applicant with the Administrator 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.
(I.C. 36-7-4920)
(F) Notice of public hearing. For all public hearings, notice shall be provided to the public consistent with the requirements of § 9.15.
(G) Re-filing of denied applications. No request for variance, conditional use 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. The Administrator may waive the waiting period at his or her discretion based on adjacent land use changes or other contributing factors.
(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 the I.C. 367-4-1000 series. All appeals shall be presented to a court of jurisdiction.
(I) Improvement location permit required. If the Board grants a conditional use or variance, it shall direct the applicant to apply for an improvement location permit. A development plan consistent with § 9.17 of this ordinance may apply. If the application complies with all requirements established by the Board and this ordinance, an improvement location permit for the execution of the approved variance or conditional use shall be issued.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
Development standards variance, see Title XV, § 9.23
Written commitments, see Title XV, § 9.14