(A) An appeal filed with the Board must specify the grounds of the appeal and must be filed within such time and in such form as may be prescribed by the Board by rule.
(B) The administrative official, hearing officer, administrative board, or other body from whom the appeal is taken shall, on the request of the Board, transmit to the Board all documents, plans, and papers (or certified copies of the same) constituting the record of the action from which an appeal was taken.
(C) When an appeal from the decision of an official or board has been filed with the Board, proceedings and work on the premises affected shall be stayed unless the official or board certifies to the Board that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In that case, proceedings or work may not be stayed except by court order.
(D) The Board shall fix a reasonable time for the hearing of administrative appeals, exception, uses and variances.
(E) Public notice in accordance with I.C. 5-3-1 -2 and 5-3-1 -4 and due notice to interested parties shall be given at least ten days before the date set for the hearing.
(F) The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear in person, by agent, or by attorney.
(G) The Board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.
(H) The Board staff and other persons may appear before the Board at the hearing and present evidence in support of or in opposition to the granting of a variance or the determination of any other matter.
(I) A person may not communicate with any member of the Board before the hearing with intent to influence the member’s action on a matter pending before the Board. Not less than five days before the hearing, however, the staff may file with the Board a written statement setting forth any facts or opinions relating to the matter.
(J) The Board may require any party adverse to any pending petition to enter a written appearance specifying the party’s name and address. If the written appearance is entered more than four days before the hearing, the Board may also require the petitioner to furnish each adverse party with a copy of the petition and a plot plan of the property involved.
(K) Upon appeal, the Board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from. For this purpose, the Board has all the powers of the official, officer, board or body from which the appeal is taken.
(L) The Board shall make its decision on any matter before it at the meeting at which the matter is first presented or at the conclusion of the hearing on the matter if the hearing is continued. Within five days after making any decision, the Board shall file in the office of the Board a copy of its decision.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)