(A) The following duties should be interpreted as activities that are obligations of the BZA (I.C. 36-7-4-916, 918.1, 918.2):
(1) Prescribe the procedures for:
(a) Filing appeals;
(b) The application for variances, special exceptions, special uses, contingent uses, and conditional uses;
(c) The giving of notice;
(d) The conduct of hearings; and
(e) The determination of whether a variance application is for a variance of use or for a variance from the development standards (such as height, bulk, or area).
(2) Approve or deny:
(a) Special exceptions;
(b) Special uses;
(c) Contingent uses;
(d) Conditional uses; and
(e) Variances of use.
(3) Hear and determine appeals from and review:
(a) Any order, requirement, decision, or determination made by the Town Planner or staff member under the Unified Development Ordinance;
(b) Any order, requirement, decision, or determination made by an administrative board or other body except the PC in relation to the enforcement of the Unified Development Ordinance; or
(c) Any order, requirement, decision, or determination made by an administrative board or other body except the PC in relation to the enforcement of an ordinance requiring the procurement of an improvement location or occupancy permit.
(B) Powers. The following powers should be interpreted as activities that are optional and may be initiated by the BZA within their jurisdiction pursuant to I.C. 36-7-4-916:
(1) The allocation of cases filed among the divisions of the Board of Zoning Appeals; and
(2) The fixing of dates for hearings by the divisions.
(C) Commitments.
(1) Pursuant to I.C. 36-7-4-1015(a), as a condition to the:
(a) Special exception;
(b) Special use;
(c) Contingent use;
(d) Conditional use; or
(e) Variance.
(2) The BZA may require or allow the owner of a parcel of real property to make a commitment to the Board concerning the use or development of that parcel. Pursuant to I.C. 36-7-4-1015(c), the BZA hereby declares that the criteria to be considered when an owner applies for the modification or termination of a commitment made under these rules and procedures are the same criteria that applied to the proposal when the Board originally recommended adoption or granted approval, as the case may be.