(A) Powers and duties. The Board of Zoning Appeals shall have the following powers and it shall be its duty to:
(1) Hear and determine appeals from and review any order, requirements, decision, or determination made by an administrative official or staff member made in relation to the enforcement of the zoning ordinance, subdivision ordinance, and the enforcement of the building and occupancy permits as adopted under IC 36-7 et seq. and all sections therein applicable.
(2) In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from as its opinion ought to be done in the premises and to that end shall have all the power from whom the appeal is taken.
(3) Hear and approve or deny variances from the development standards of the zoning ordinance. A development standard variance may be approved by the Board of Zoning Appeals only upon a determination in writing that:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(b) 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
(c) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property.
(4) Hear and approve or deny variances of use from the terms of this chapter. A use variance may be approved by the Board of Zoning Appeals only upon a determination in writing that:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The need for the variance arises from some condition peculiar to the property involved;
(d) The strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(e) The approval does not interfere substantially with the comprehensive plan adopted under the 500 series of IC 36-7-4.
(5) Hear and approve or deny special exceptions only where specifically allowed in this chapter. There shall be no cases or application therefor nor any particular situation in which this chapter authorizes special exceptions with the approval of the Board of Zoning Appeals. Further, no previous application shall set a precedent for any other applications before the Board of Zoning Appeals. The Board of Zoning Appeals may grant a special exception for a use in a zoning district if, after a public hearing, it makes findings of facts in writing that:
(a) The requirements and development standards for the requested use as prescribed in this chapter will be met;
(b) The special exception shall be designed so that it can be constructed, operated, and maintain in a manner harmonious with the character of adjacent property in the surrounding area;
(c) The special exception shall not inappropriately change the essential character of the surrounding area;
(d) The special exception shall not interfere with the general enjoyment of adjacent property;
(e) The special exception shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, it shall also be in keeping with the natural environment of the site; and
(f) The special exception shall not be hazardous to adjacent properties, or involve uses, activities, materials or equipment which be detrimental to the health, safety or welfare of persons or property though the excessive production of traffic, noise, smoke, odor, fumes or glare.
(B) Conflict of interest. A member of the Board of Zoning Appeals may not participate in a hearing or decision of the Board of Zoning Appeals concerning a matter in which he or she has a direct or indirect financial interest or for other reasons brought to the attention of the Board of Zoning Appeals and which disqualification is approved by the Board of Zoning Appeals. The Board of Zoning Appeals shall enter in its records the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision. The alternate member, if any, shall be appointed by the authority of the appointing body of the regular member who has been disqualified. Communication with Board of Zoning Appeals member by any person with intent to influence action prior to a hearing or decision regarding matters pending before the Board of Zoning Appeals is prohibited. However, the staff may file with the Board of Zoning Appeals a written statement setting forth any facts or opinions relating to the matter.
(Ord. 0203, passed 6-10-02; Am. Ord. 0901, passed 5-11-09)