A. RULES AND RECORDS.
1. The Board of Zoning Appeals shall adopt such rules concerning the filing of appeals and applications for variances and exceptions, giving of notice and conduct of hearings as shall be necessary to carry out its duties.
2. The majority of the members shall constitute a quorum; however, no action of the Board is official until authorized by a majority of the Board.
3. The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, and shall record the vote on all actions taken.
4. All minutes and records shall be filed in the office of the Board and shall be a public record.
5. The Board of Zoning Appeals may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties and in conformity to and in compliance with salaries and compensations thereto fixed by the Plan Commission and approved by the Town Council.
6. The Board of Zoning Appeals or any Town designated enforcement official may institute a suit for injunction in the circuit or superior court of Hancock County to restrain an individual or government unit from violating the provisions of the State Planning Act Chapter 174 Act of 1947 as amended or an ordinance enacted pursuant to its terms. The Board may also institute a suit for a mandatory injunction directing an individual or governmental unit to remove a structure erected in violation of the provisions of the State Planning Act Chapter 174 Act of 1947 as amended or an ordinance pursuant to its terms. If the Board of Zoning Appeals is successful in its suit, the respondent shall bear the cost and the attorney fees and the action.
7. In an action or proceeding by the Town for the taking, appropriation or condemnation of land or in an action against the Town, no compensation for damage shall be awarded for the taking of or injury to any structure erected in violation of the provisions of the State Planning Act or of an ordinance enacted pursuant to its terms.
8. When an appeal from the decision of any official or Board has been taken and filed with the Board of Zoning Appeals, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the official or Board from whom the appeal was taken shall certify to the Board of Zoning Appeals that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by restraining order which may be granted by a circuit or superior court of Hancock County, an application, on notice to the office or board from whom the appeal is taken and the owner of the premises affected and on due cause shown.
B. POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS.
1. Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of any ordinance or regulation adopted pursuant to the State Planning Act Chapter 174 Act of 1947 as amended.
2. Permit and authorize exceptions to the district regulations only in particular situations as specified in the Zoning Ordinance.
3. Hear and decide special exceptions to the terms of the Zoning Ordinance upon which the Board of Zoning Appeals is required to act under the Zoning Ordinance.
4. Authorize upon appeal in special cases such variances from the terms of the Ordinance as will not be contrary to public interest, where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done, except a use which is not specified as a permitted or special exception in any district shall not be permitted as a variance.
5. In exercising its powers, the Board of Zoning Appeals may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the officer or board from whom the appeal is taken.
6. At the first meeting of each year, the Board of Zoning Appeals shall elect a President and a Vice-President from among its members, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and in compliance with salaries and compensations thereto fixed by the Town Council.
7. An appeal taken from the requirement, decision, or determination made by an administrative official or board shall be filed with the Board of Zoning Appeals and shall specify the grounds thereof and shall be filed within such time and such form as may be prescribed by the Board by general rule,
8. The Board of Zoning Appeals shall require the party taking the appeal to assume the cost of public notice and due notice to interested parties for a public hearing which shall be held at a reasonable time after such notice of the public hearing has been given.
9. After the owner or his agents, or persons or a corporation in charge of the work on the premises affected have received notice, and an appeal has been filed with the Board of Zoning Appeals, the Zoning Administrator shall have full power to order such work discontinued or stayed and to call upon the police power of the Town to give full force in effect to the Zoning Ordinance.