Applications for variance approval shall be considered in accordance with the following procedures.
(A) Within 30 days after receiving a complete application, the Director shall schedule and announce the date and time of the Board of Zoning Appeal’s hearing on the application. At the time the hearing is scheduled, the Director shall provide the applicant with written notice of the hearing date and time.
(B) Prior to the Board of Zoning Appeals hearing on the application, the Director shall review the application for compliance with this chapter. Following such review and prior to the hearing, the Director shall prepare and provide the Board of Zoning Appeals and the applicant with the Director’s written comments and recommendation on the application, including the Director’s opinion as to any effect which the proposed variance might have upon the Comprehensive Plan.
(C) The Board of Zoning Appeals, and its representatives, at its discretion, may visit the subject property at any reasonable time during the review process.
(D) Notice of the Board of Zoning Appeals hearing on the application for variance approval shall be published by the applicant in two local newspapers of general circulation at least ten days prior to the hearing, in accordance with I.C. 5-3-1. The applicant shall pay all fees and costs associated herewith.
(E) At least ten days prior to the Board of Zoning Appeals hearing on the application for variance approval, the Planning Director, in the manner prescribed in the Board of Zoning Appeals rules of procedure, shall notify all interested parties of the public hearing by certified mail. The applicant shall pay all fees and costs associated herewith.
(F) At least ten days prior to the Board of Zoning Appeals hearing on the application for variance approval, the Planning Director shall post and maintain a sign on the subject property notifying those passing the property that a request for variance approval for the property has been made. The sign shall be provided to the applicant by the Director. The cost of the sign shall be borne by the applicant.
(G) The Board of Zoning Appeals shall conduct a public hearing on the application for variance approval in accordance with the Board of Zoning Appeals rules of procedure.
(H) Following the Board of Zoning Appeals hearing on the application for variance approval, the Board shall take action on the applicant’s application. The Board may approve the application, approve the application with conditions or deny the application.
(I) The Board of Zoning Appeals shall make written findings of fact in support of its decision. The Director shall promptly provide the applicant with a copy of the Board’s written findings.
(J) If the Board of Zoning Appeals approves the application for variance approval, the Director may issue the applicant and improvement location permit and/or land use certificate subject to the conditions of variance approval and the provisions of the ordinance.
(K) If the Board of Zoning Appeals denies the application for variance approval, the applicant may file an amended application. If the amended application is filed within six months of the Board’s denial of the original application, the applicant shall not be charged an application fee.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Ord. 2006-6, passed 3-6-2006)