There is hereby re-established the advisory Board of Zoning Appeals to be known as the “Board of Zoning Appeals of the City of Martinsville, Indiana”. The Board of Zoning Appeals shall be a continuation of the present Board of Zoning Appeals of the city heretofore established under the Advisory Plan Law, being I.C. 36-7-4-900, as added amendment 1981, Pub. Law No. 309, § 23.
(A) Membership. The Board of Zoning Appeals shall be established pursuant to Indiana Code. The terms of office of each member shall, likewise, be as set out under the Indiana Code for an advisory board of zoning appeals.
(B) Territorial jurisdiction. The Board of Zoning Appeals shall have jurisdiction over all the land subject to the zoning ordinance as shown in the zoning maps.
(C) Organization. At the first meeting of the calendar year, the Board shall elect from its members a Chairperson and Vice-Chairperson and secretary consistent with state law, recording secretary and such employees as it considers necessary to discharge its duties.
(D) Subject matter jurisdiction. The Board of Zoning Appeals shall have exclusive jurisdiction for:
(1) Use variance under I.C. 36-7-4-918.4 and all acts amendatory thereto;
(2) Development standards variance under I.C. 36-7-4-918.5 and all acts amendatory thereto;
(3) Special exception request pursuant to this chapter;
(4) Appeals as provided by statute, including requirements for procurement of improvement location or occupancy permits or any ordinance adopted under I.C. 36-7-4 or any prior zoning statute, and any other appeals authorized by statute;
(5) Appeals of decisions of the City Superintendent concerning zoning or development standards; and
(6) Other request that are directed to the Board by this chapter.
(E) Rules and by-laws. The Board of Zoning Appeals shall have sole authority to adopt any and all rules under I.C. 36-7-4-916 and any and all by-laws concerning organization, forms for applications, filing requirements, other than as to the place of filing as herein provided for, procedures for notice and conduct of meetings. If no formal by-laws are adopted, the Chairperson shall have the right to set out the procedures for conducting the meetings.
(F) Facilities and funding. The city shall provide suitable facilities for meetings of the Board of Zoning Appeals hearings and the storage of its recorded documents and accounts and in its annual budget to provide sufficient funds for the functioning of said Board and its staff.
(G) Hearings. All hearings shall be open to the public. The Board shall keep minutes of its meetings, keep records of all examinations and other official actions, making the findings in writing and shall record the vote of each question. Minutes and records shall be filed in the office of the City Superintendent and made available to the public.
(Ord. 2001-1478, passed 11-19-2001)