(A) Membership.
(1) A Board of Zoning Appeals is established, with membership as follows:
(a) Five members appointed by the Town Council, two of whom must be members of the Plan Commission; and
(b) None of the other members of the Board of Zoning Appeals may hold other elective or appointive office in the municipal office.
(2) Each appointment is for a term of four years and expires on the first day of January of the fourth year after the year of the member’s appointment.
(3) At the first meeting in each calendar year, the Board shall elect from among its members a Chairperson and a Vice Chairperson.
(2005 Code, § 14.01)
(B) Powers and duties. The function of the Board is to hear and determine appeals for exceptions to Town zoning ordinances. Consistent with state law, it may appoint and fix the compensation of a secretary and such employees as it considers necessary to discharging its duties. The Board shall prescribe such regulations as it considers necessary to carry out the Town zoning ordinances.
(2005 Code, § 14.02)
(C) Public availability. Meetings of the Board shall be open to the public. The Board shall keep minutes of its meetings, keep records of all examinations and other official actions, make all findings in writing and record the vote of each member on each question. Minutes and records shall be filed in the office of the Board and made available to the public.
(2005 Code, § 14.03)
(D) Hearings. Upon application for a special exception or variance, and upon appeal from a decision of the Building Commissioner, the Board shall hold a public hearing. Public notice setting forth the time and place shall be given at least 15 days before the date of the hearing in a newspaper of general circulation in the county. Interested parties shall be notified as provided by the Board. The cost of such notices shall be borne by the person applying or appealing.
(2005 Code, § 14.04)
(E) Variances. The Board may grant a variance with respect to specific property or an intended use if, after a hearing under division (D) above, it finds that:
(1) There are special circumstances relating to the property or intended use that do not generally affect other property or other uses of the same kind in the same district and vicinity;
(2) The special circumstances create hardship in that, if the variance is granted, a substantial property right that is enjoyed by other properties in that district and vicinity cannot be enjoyed;
(3) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to other property or uses in that district and vicinity; and/or
(4) The granting of the variance will not materially change the character of that district and vicinity, materially lower the market value of adjacent property or materially increase congestion in the streets.
(2005 Code, § 14.05)
(F) Appeals. A decision of the Building Commissioner enforcing a zoning ordinance may be appealed to the Board by any person who is adversely affected by the decision. On an appeal under the above, the Board may reverse, modify or uphold any decision that the Building Commissioner might have made. A decision of the Board is subject to review by certiorari.
(2005 Code, § 14.06)
(G) Enforcement. Any person may, by suit in the Circuit Court of the county, enjoin the violation of the zoning ordinance. The Commission or the Board may, by mandatory injunction in the Circuit Court of the county, require the removal of a structure erected in violation of the ordinance. A use that violates an ordinance shall be treated as if it was a common nuisance, and it may be abated in the same manner as such a nuisance.
(2005 Code, § 14.07)
(H) Filing fees. Applications and petitions filed pursuant to the provisions of this section shall be accompanied by a filing fee which filing fee shall be in accordance with a schedule, established by the Board of Zoning Appeals and approved by the Town Council and placed on file in the office of the Town Clerk-Treasurer, which office shall also serve as the office of the Board of Zoning Appeals.
(2005 Code, § 14.08)
(I) Amendments. All amendments to this section shall be in accordance with the laws of the state.
(2005 Code, § 14.09)