(A) Establishment. A Board of Zoning Appeals is hereby established in accordance with I.C. 36-7-4-900 et seq. of the Acts of the Indiana General Assembly and all acts now or hereafter amendatory thereto.
(B) Membership.
(1) The Board of Zoning Appeals shall consist of five members appointed by the Town Council.
(a) All members must be residents of the Town and two members must be members of the Plan Commission.
(b) None of the members of the Board of Zoning Appeals may hold other elective or appointive office in the municipal government.
(c) Upon establishment of a Board of Zoning Appeals, the members shall initially be appointed for the following terms of office:
1. One for a term of one year;
2. One for a term of two years;
3. One for a term of three years;
4. Two for a term of four years.
(2) Each term expires on January 1 of the first, second, third or fourth year, respectively, after the year of the members appointment.
(3) When an initial term of office expires, each new appointment is for a term of four years.
(4) If a vacancy occurs, by resignation or otherwise, among the members of the Board of Zoning Appeals, the Town Council shall appoint a member for the unexpired term.
(C) Conflict of interest. A member of a Board of Zoning Appeals may not participate in a hearing or decision of that Board concerning a zoning matter in which he has a direct or indirect financial interest. The Board shall enter into its records the fact that its member has such a disqualification and the remaining members of the Board shall appoint an elector to participate as a member in the hearing or decision concerning that zoning matter. (As used in this section, “zoning matter” does not include the preparation or enactment of a comprehensive plan.)
(D) Quorum; official action.
(1) A quorum consists of a majority of the entire membership of the Board of Zoning Appeals.
(2) Action of the Board of Zoning Appeals is not official unless it is authorized by a majority of the entire membership of the Board.
(E) Organization. At the first meeting of each year, the Board of Zoning Appeals shall elect a Chairperson and Vice Chairperson from its members. The Vice Chairperson may act as Chairperson during the absence or disability of the Chairperson.
(F) Secretary and employees. The Board of Zoning Appeals may appoint and fix the compensation of a Secretary and such other employees as are necessary for the discharge of its duties. This compensation must be in conformity with salaries and compensation fixed by the legislative body of the municipality.
(G) Minutes. The Board of Zoning Appeals shall keep minutes of its proceedings and records shall be filed in the office of the Board and are public records. The Board shall keep records of its examinations and other official actions.
(H) Rules. The Board of Zoning Appeals shall adopt such rules concerning the filing of appeals, the application for variances and exceptions, the giving of notice and the conduct of hearings.
(I) Duties and powers. The Board of Zoning Appeals shall:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of a zoning ordinance;
(2) Hear and authorize on appeal, in specific cases, such variance from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the zoning ordinance will result in undue hardship, and so that the spirit of the zoning ordinance, shall be observed and substantial justice done;
(3) The Board of Zoning Appeals may, on appeals, reverse, affirm or modify the order, requirement decision or determination. The Board has all the powers of the official or board from whom the appeal is taken; and
(4) The Board of Zoning Appeals may not grant a variance from a use district or classification.
(J) Procedures. All procedures followed by the Board of Zoning Appeals shall be as outlined in I.C. 18-7-4-901 through 18-7-4-920 of the Acts of the General Assembly.
(K) Remedies and enforcement. Each decision of the Board of Zoning Appeals is subject to review by certiorari. Each person aggrieved by a decision of the Board of Zoning Appeals may present, to the circuit or superior court of the county in which the premises affected are located, a petition, duly verified, setting forth that the decision is illegal in whole or in part and specifying the ground of the illegality. No change of venue from the county in which the premises affected are located may be had in any cause arising under this section.
(Ord. 9-80, passed 12-15-1980)