(A) Purpose.
(1) The County Advisory Board of Zoning Appeals (BZA) is hereby established in accordance with I.C. 36-7-4-900 et seq. The term “Board” refers to the County Advisory Board of Zoning Appeals.
(2) The County Advisory Board of Zoning Appeals shall have exclusive territorial jurisdiction over all matters properly before the Board from the appropriate jurisdictions in the county.
(3) The County Advisory Board of Zoning Appeals shall consist of five members.
(a) The members shall be initially appointed pursuant to state law to staggered terms:
1. One member for a three-year term;
2. Two members for a two-year term; and
3. Two members for a one-year term.
(b) Each member shall serve for a four-year term.
(c) Each appointing authority may, at any time, appoint one or more alternate members who shall be available to replace any member who becomes disqualified under state law.
(d) The terms of these members shall expire on December 31 of the last year of their designated term.
(B) Terms. The members of the County Advisory Board of Zoning Appeals shall be initially appointed and serve for the following primary terms.
(1) The Board of County Commissioners shall appoint a citizen member of the County Plan Commission who shall serve a term of one year.
(2) The Board of County Commissioners shall appoint a citizen member (not a member of the County Plan Commission) who shall serve a term of two years.
(3) The County Plan Commission shall appoint a citizen member from its own membership who shall serve a term of three years.
(4) The County Council shall appoint a citizen member (not a member of the County Plan Commission) who shall serve a term of four years.
(5) The Board of County Commissioners shall appoint a citizen member (not a member of the County Plan Commission) who shall serve a term of four years.
(C) Organization.
(1) At the first meeting of each year the Board shall elect a Chairperson and a Vice Chairperson from among its members.
(2) The Board may appoint and fix the compensation of a Secretary and those employees necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensations fixed by the County Council and state law.
(D) Rules of procedure.
(1) The Board shall adopt rules concerning the filing of appeals, applications for variances and special exceptions, the giving of notice, the conduct of hearings, and other matters as required by state law or as deemed necessary or desirable by the Board.
(2) All meetings of the Board shall be open to the public.
(3) The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare written findings of fact and record the vote, disqualification, abstention or failure to vote of each member upon each question.
(4) All minutes and records shall be filed in the office of the Board and shall be a public record.
(E) Findings and decisions. All decisions of the Board on all matters within its jurisdiction and authority shall be in writing supported by specific written findings of fact on each material element pertaining to the matter under consideration.
(F) Appeal to Court. Each decision of the Board is subject to review by certiorari as prescribed by state law.
(G) Authority. The Board:
(1) Shall hear and determine appeals from and review any order, requirement, decision or determination made by the Plan Director, a staff member or administrative board designated by ordinance other than the Plan Commission, made in the enforcement of the zoning regulations or the issuance of building and occupancy permits under I.C. 36-7;
(2) May reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises and to that end shall have all the powers vested in the person or board from whom the appeal is taken; and
(H) Findings of fact; special exception.
(1) The Board shall find make written findings of fact and decisions pursuant to and consistent with the criteria below.
(2) To grant a special exception, the Board shall find that:
(a) The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety or general welfare of the community;
(b) The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner; and
(c) The establishment of the special exception will be consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land uses.
(3) The Board may impose conditions as part of its approval to protect the public health and for reasons of safety, comfort and convenience.
(I) Findings of fact; variance of development standards. To approve or deny a variance from the development standards of the zoning regulations, the Board may impose reasonable conditions as a part of the Board's approval and shall find that:
(1) The approval will not be injurious to the public health, safety and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(3) The strict application of the terms of the zoning regulations would result in practical difficulties in the use of the property.
(J) Findings of fact; variance of use. To approve or deny variances of use from the terms of the zoning regulations, the Board shall find:
(1) The approval will not be injurious to the public health, safety and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(3) The need for the variance arises from some condition peculiar to the property involved;
(4) The strict application of the terms of the zoning regulations would constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) The approval does not interfere substantially with the County Comprehensive Plan.
(K) Modification.
(1) To reverse or modify in whole or in part an order, requirement, decision or determination of the Plan Director, staff member or administrative board (other than the Plan Commission), the Board shall find that the Plan Director, staff member or Administrative Board:
(a) Improperly interpreted any relevant portion of a law, ordinance or rule;
(b) Improperly took administrative action pertaining to a relevant law, ordinance or rule; or
(c) Improperly enforced a relevant law, ordinance or rule.
(2) The Board may require the owner of a parcel of property to make a written commitment concerning the use of development of that parcel to receive a special exception or a variance from the terms of the zoning regulations. Those commitments shall be recorded in the office of the County Recorder and shall take effect upon the granting of the special exception or variance. A recorded commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment may be modified or terminated only by a decision of the Board made at a public hearing after notice as provided by rule.
(L) Conflict of interest.
(1) No member of the Board shall participate in a hearing or decision of the Board concerning a matter in which he or she has a direct or indirect financial interest or, which for any other reason brought to the attention of the Board, results in disqualification.
(2) The Board shall enter in its record the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision.
(3) Any participating alternate member shall be appointed by the same body which appointed the regular member who has been disqualified.
(M) Communication with Board members.
(1) No person shall communicate with any Board member prior to a hearing or decision with the intent to influence the actions of any member of the Board regarding any matter pending before the Board.
(2) However, the staff may file a written statement with the Board setting forth facts or its opinions concerning that matter.
(Ord. passed 7-20-1992; Ord. 2019-6-3-1, passed 6-3-2019)