(A) Administrative appeal. The Board of Zoning Appeals may grant an appeal of any decision, interpretation, or determination made by the Administrative Officer, other Plan Commission staff members, or any other administrative official or board charged with the duty of enforcing and interpreting this chapter. The following procedure shall apply to all appeals of administrative decisions:
(1) Application. The appellant shall submit an administrative appeal application within 30 days of a decision along with the required supporting information. Supporting information shall include, but not be limited to, the following:
(a) Original submittals. Copies of all materials upon which the decision being appealed was based.
(b) Written decisions. Copies of any written decisions that are the subject of the appeal.
(c) Appeal basis. A letter describing the reasons for the appeal noting specific sections of this chapter or other standards applicable in the town upon which the appeal is based.
(2) Board review and action. The Board of Zoning Appeals will then, at a regularly scheduled meeting, review the administrative appeal application and supporting information.
(a) Representation. The appellant, or applicant's representative, must be present at the meeting to present the appeal.
(b) Testimony. The Board shall consider a report from the Administrative Officer and testimony from the applicant, or the applicant's representative, at the meeting.
(c) Procedures. The presentation of reports and testimony and all other aspects of the meeting shall be consistent with the Rules and Procedures of the Board of Zoning Appeals.
(d) Possible action. The Board of Zoning Appeals may grant, grant with modifications, deny, or continue the appeal by a majority vote of the Board.
1. Granted. The appeal shall be granted if the determination is made consistent with the requirements of this chapter.
2. Granted with modifications. The appeal shall be granted with modifications if the Board of Zoning Appeals determines that the proper interpretation of the provision(s) that are subject to the appeal is consistent with neither the administrative decision nor the requested interpretation of the applicant.
3. Denied. The appeal shall be denied if the determination is made supporting the administrative decision.
4. Continued. The appeal shall be continued based on a request by the Administrative Officer or applicant; an indecisive vote wherein the item is essentially tabled; or a determination by the Board that additional information is required prior to action being taken on the request. The continuing of all applications shall be consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.
(3) Decision criteria. The Board of Zoning Appeals shall only grant an appeal of such an administrative decision based on a determination that the decision of the administrative staff or Board was inconsistent with the provisions of this chapter.
(B) Board of Zoning Appeals. Every decision of the Board of Zoning Appeals shall be subject to review by a court of competent jurisdiction (writ of certiorari) as prescribed by the 1000 Series of I.C. 36-7-4.
(Ord. 121410, passed 1-11-2011)