As set forth in I.C. 36-7-4-900 et seq., the Area Board of Zoning Appeals shall have the power to:
(A) Administrative appeals. Pursuant to I.C. 36-7-4-918.1, hear and determine appeals from and review any order, requirement, decision or determination made by:
(1) An administrative official, hearing officer, or staff member under this zoning chapter;
(2) An administrative board or other body except the Area Plan Commission in relation to enforcement of this zoning chapter; or
(3) An administrative board or other body except the Area Plan Commission in relation to enforcement of procedures requiring the procurement of an improvement location permit or an occupancy permit.
(B) Variance of development standards. Pursuant to I.C. 36-7-4-918.5, approve or deny, after application, public notice and a public hearing, variances from the development standards (such as height, bulk and area) of this zoning chapter.
(1) The variance granted:
(a) Shall not be contrary to the public health, safety, morals and general welfare of the community and to the use and value of the adjacent area; and
(b) Shall be due to special conditions of the subject property such that a literal enforcement of these provisions would result in undue hardship as further defined in § 153.245(D) below.
(2) The Area Board of Zoning Appeals is expressly prohibited from granting a variance from a use district or classification under I.C. 36-7-4-918.3.
(C) Special exception. Pursuant to I.C. 3 6-7-4-918.2, approve or deny, after application, public notice and public hearing, a special exception use, for a use which is not permitted by right in a district because of potential adverse effects. However, if the use is controlled as to its relationship to the neighborhood and the general welfare said use may be permitted by the Board of Zoning Appeals, where specifically authorized by this chapter. Further, the Board of Zoning Appeals may impose reasonable conditions as part of its approval.
(D) Interpretations. Make interpretations of the zoning map (including questions concerning zoning district boundaries) and text.
(E) New uses. Determine the appropriate use district or use unit for uses not elsewhere classified. However, in no instance shall the Board of Zoning Appeals determine, nor the regulations be so interpreted, that a use shall be permitted in a district or use unit when such use is specifically listed as first permissible in a less restrictive use district or in another use unit.
(Ord. 12-16, passed 8-8-12)