§ 155.164 ADMINISTRATIVE APPEAL PROCESS.

   The following procedure shall apply to all appeals of administrative decisions.

   (A)   Application. The petitioner shall submit an administrative appeal application and required supportive information. Supportive information shall include, but not be limited to the following:

      (1)   Copies of all materials submitted to the staff member or administrative board upon which the decision being appealed was based.

      (2)   Copies of any written decisions which are the subject of the appeal.

      (3)   A letter describing the reasons for the appeal noting specific sections of this chapter, the Indiana Code, or other standard applicable to the town upon which the appeal is based.

   (B)   Notification. Notification for the scheduled public hearing regarding the administrative appeal shall be completed consistent with the Indiana Code and the rules and procedures of the Board of Zoning Appeals.

   (C)   Public hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the administrative appeal application and supportive information.

      (1)   Either the applicant or a representative of the applicant must be present at the public hearing to present the appeal and address any questions from the Board.

      (2)   The Board shall consider a report from the Planning Director, testimony from the applicant, and testimony from any interested parties at the hearing.

      (3)   The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the Board.

      (4)   The BZA may grant, grant with modifications, deny, or table the appeal.

         (a)   The appeal shall be approved if findings of fact are made consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code.

         (b)   The appeal shall be granted with modifications if the Board of Zoning Appeals determines that the proper interpretation of the provision(s) which are subject to the appeal is not consistent with neither the administrative decision nor the requested interpretation of the applicant.

         (c)   The petition shall be denied if findings of fact are made supporting the administrative decision.

         (d)   The petition shall be tabled consistent with the adopted rules and procedures of the Board of Zoning Appeals.

(Ord. 2013-02, passed 3-11-13)