§ 153.176 BOARD OF ZONING APPEALS.

   (A)   Establishment and organization.

      (1)   The Marion Board of Zoning Appeals is established. No other divisions or boards shall exist.

      (2)   The membership of Marion of the Board of Zoning Appeals shall be established as provided by state law.

      (3)   The Marion Board of Zoning Appeals shall have exclusive jurisdiction to hear and act upon appeals involving realty located within the corporate boundaries of the City of Marion.

      (4)   The Marion Board of Zoning Appeals shall have such duties and powers as are designated for such Boards of Zoning Appeals under Indiana law (I.C. 36-7-4), as amended or changed from time to time.

(1985 Code, § 36-7-4-600(10.2))

   (B)   Hearings. Upon application for a special exception or variance, and upon appeal from a decision of the Zoning Administrator or Director, the Board shall hold a public hearing. Public notice setting forth the time and place shall be given at least ten days before the date of the hearing in a newspaper of general circulation in the city. Interested parties shall be notified as provided by the Board. The cost of such notices shall be borne by the person applying or appealing.

(1985 Code, § 36-7-4-600(10.3))

§ 153.177 VARIANCES.

   (A)   The Board may grant a variance with respect to specific property or an intended use if, after a public hearing under § 153.138, it finds that:

      (1)   The grant will not be injurious to the public health, safety, morals, and general welfare of the community;

      (2)   The use or value of the area subject to the property included in the variance will not be adversely affected;

      (3)   The need for the variance arises from some condition peculiar to the property involved and does not exist in similar property in the same district; and

      (4)   The strict application of the terms of the ordinance will constitute an unusual and unnecessary hardship as applied to the property for which a variance is sought.

   (B)   The Board shall not grant a variance regarding the following:

      (1)   From a use district or classification;

      (2)   The extension the time permitted for a temporary mobile home beyond that specified in the original special exception permit.

   (C)   The Board may require or accept a recorded commitment regarding a variance in the form and manner as provided in § 153.180.

   (D)   Variances involving minor deviations:

      (1)   When in public interest, the Director may consider and render decisions on applications involving minor deviations from the provisions of this chapter, limited to the following:

         (a)   Lot area requirements may be reduced by not more than 10% of that required in the District;

         (b)   Yard requirements may be reduced by permitting portions of a building or structure to extend into and occupy not more than 10% of the area of a required yard;

         (c)   Maximum building heights may be increased by not more than 10%.

      (2)   Such decision shall be based on the provisions of § 153.181.

      (3)   The Director shall make a decision within 15 days of the date of filing such application.

      (4)   The Director shall report his findings and decisions to the Board of Zoning Appeals at its next regular or special meeting.

      (5)   Any person requesting such minor variance may appeal the decision of the Director as provided in this chapter.

(1985 Code, § 36-7-4-600(10.7))

§ 153.178 APPEALS.

   (A)   A decision of the Zoning Administrator enforcing this chapter may be appealed to the Board by any person who is adversely affected by the decision. The filing fee shall be an amount set forth in the fee schedule adopted by the Commission and shall be deposited in the City General Fund. The appeal shall be filed within 30 days from the date of any order, decision, determination, issuance, or denial of an improvement location permit. The appeal shall be in writing in the form prescribed by the Department.

   (B)   On an appeal under § 153.999, the Board may make any decision that the Zoning Administrator might have made.

   (C)   A decision of the Board is subject to review by certiorari.

(1985 Code, § 36-7-4-600(10.8))

§ 153.179 AMENDMENTS.

   (A)   All amendments to this chapter shall be in accordance with I.C. 36-7-4-600 et seq.

   (B)   The Commission and/or the city may require or accept a recorded commitment regarding an amendment, as provided in § 153.180.

   (C)    When an application is filed to change property from one district to another the following procedure shall be used by the staff.

      (1)   Verification of petition. The Director shall verify the completeness of the application and the date of verification shall be noted on the application.

      (2)   Planning Department investigation. The Advisory Planning Department shall send a copy of the application to the following agencies for their review and comments:

         (a)   County soil and Water Conservation District;

         (b)   County Drainage Board.

      (3)   Review. Each official or agency shall review the application and submit their comments in writing to the Director within ten days.

      (4)   Report. The Director shall then prepare a report to the Advisory Plan Commission, setting forth his findings and those of the above review agencies in regard to the proposed amendment.

(1985 Code, § 36-7-4-600(10.9))