§ 156.358 REVIEW BY TOWN COUNCIL.

   (A)   The Board of Zoning Appeals shall submit any of the following petitions to the legislative body for approval or disapproval:

      (1)   Special exceptions;

      (2)   Special uses; and

      (3)   Use variances.

   (B)   The Board of Zoning Appeals shall file a petition under this section with the Clerk-Treasurer with:

      (1)   A favorable recommendation;

      (2)   An unfavorable recommendation; or

      (3)   No recommendation.

   (C)   The Town Council shall give notice under I.C. 5-14-1.5-5 of its intention to consider the petition at its first regular meeting after the Board of Zoning Appeals files its recommendation.

   (D)   (1)   The Town Council shall vote to grant or deny the petition within 90 days after the Board of Zoning Appeals makes its recommendation to the Council.

      (2)   If the Town Council does not vote to deny the petition within 90 days, the petition is approved.

   (E)   If the Town Council approves a petition, it must make the determination in writing as required under §§ 156.356 or 156.357 of this code, as applicable. The Council may adopt the written determination of the Board of Zoning Appeals.

(Ord. 23, § 4.20.90, passed 3-19-1997)