(A) The Board of Zoning Appeals is established by this chapter. The appointment and terms of the Board shall be in accordance with I.C. 36-7-4-901 and I.C. 36-7-4-902.
(B) The Board of Zoning Appeals shall approve or deny all variances, conditional uses and appeals from the terms of the zoning chapter, but only in the classes of cases or in the specified situations specified in the zoning chapter. The Board may impose reasonable conditions as part of its approval.
(C) The Board shall set a date for a public hearing on any petition.
(1) The notice of the public hearing shall be published ten days before the date of the hearing.
(2) Prior to the public hearing by the Board of Zoning Appeals, the petitioner must file in the office of the Administrator proof of notification.
(3) Cost of the notice must be borne by the petitioner.
(4) A person may not communicate with any member of the Board before the hearing with the intent to influence the members’ action on a matter pending before the Board. Not less than seven days before the hearing, however, the Administrator may file with the Board a written statement setting forth any facts or data pertinent to the matter.
(5) Should the petitioner fail to comply with the notice requirements, as provided by this section, before the second regular meeting of the Board of Zoning Appeals following the date said petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals and shall not be accepted for rehearing for a period of not less than six months from the date of petition withdrawal by the Board of Zoning Appeals.
(Ord. 1997-1, § 130.2(D), passed 1-22-1997; Ord. 2001-14, passed 8-22-2001)