The Board of Zoning Appeals shall have the power to effectively carry out their duties as follows:
(A) Hear and determine appeals from and review any order, requirement, decision or determination made under this chapter, by the Zoning Administrator;
(B) Permit and authorize contingent uses and special exception subject to, and within the limitations prescribed by the provisions of this chapter.
(C) Approve or deny, upon written application in specific cases, variances from the terms of this chapter. Such variances may be approved only upon written determination by the Board of the findings set forth in IC 36-7-4-918.4, as the same may be amended from time to time.
(D) In exercising its power, the Board may reverse or affirm, wholly or in part, 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 have all powers of the official, person or entity from whom or which the appeal is taken. In approving a special exception, contingent use or variance, the Board may also impose such reasonable conditions regarding the location, character and other features of the proposed building, structure, or use with which the appeal or application before it is concerned, as it may deem advisable in the furtherance of the purposes of this chapter, and the protection of the public convenience and welfare. Such conditions may include a requirement for the recordation of a written instrument in a form acceptable to the Board, binding the present and subsequent owners of the parcel of land affected and all parties having an interest therein, to the terms of such conditions.
(Ord. 5-2002, passed 3-4-02)