(A) Jurisdiction and Authority. The Board of Zoning Appeals has the following powers and duties in connection with the implementation of this chapter:
(1) To approve, approve with modifications, or deny any application for a variance from the terms of this chapter pursuant to the procedures and standards for variances set forth in § 159.043(C) except those variances requested from the subdivision control requirements set forth in §§ 159.060 through 159.087, which is the responsibility of the Plan Commission as set forth in § 159.060(E);
(2) To approve, approve with modifications, or deny any application for a use variance pursuant to the procedures and standards for variances set forth in § 159.043(C);
(3) To grant, grant with modifications, or deny any application for a conditional use pursuant to the procedures and standards for conditional uses set forth in § 159.041(A); and
(4) To hear and decide any appeal from any order of final decision made by the Director of Planning and Development in the administration or enforcement of this chapter pursuant to procedures and standards for appeals of administrative decisions set forth in § 159.043(B).
(B) Conflicts. No members of the Board of Zoning Appeals may participate in the hearing or disposition of any matter in which that member has any conflict of interest prohibited by state law.
(C) Independent Investigation. No members of the Board of Zoning Appeals may participate in the hearing or disposition of any matter in which that member has conducted an independent investigation into the facts of the matter pending before the Board.
(D) Undue Influence. A person may not communicate with any member of the Board of Zoning Appeals before a hearing with the intent to influence the member's action on a matter pending before the Board.
(Ord. 62-12-95, passed 1-22-96)