Attica City Zoning Code
18.100 Board
of Zoning Appeals
Statutory reference: IC 36-7-4-900 addresses the board of zoning appeals.
18.100.010 Establishment.
In accordance with state law, a board of zoning appeals shall be appointed consisting of six members and shall meet the requirements of IC 36-7-4-901 et seq. [Ord. 6, 1990 § 8-1; Code 1999 § 10-42.]
Statutory reference: IC 36-7-4-901 addresses the establishment of the board of zoning appeals.
18.100.020 Organization.
At the first meeting of each year, the board shall elect a chairman and a vice-chairman from among its members and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensations therefor fixed by the common council. [Ord. 6, 1990 § 8-2; Code 1999 § 10-43.]
18.100.030 Rules of procedure.
The board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this title. [Ord. 6, 1990 § 8-3; Code 1999 § 10-44.]
18.100.040 Meetings and records.
All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings and record the vote of each member voting upon each question. All minutes and records shall be filed in the office of the board and shall be a public record. [Ord. 6, 1990 § 8-4; Code 1999 § 10-45.]
18.100.050 Appeals from building commissioner.
Any decision of the building commissioner made in enforcement of this title may be appealed to the board of zoning appeals by any person claiming to be adversely affected by such decision. [Ord. 6, 1990 § 8-5; Code 1999 § 10-46.]
Statutory reference: IC 36-7-4-919 et seq. addresses appeal procedures.
18.100.060 Powers and duties of the board of zoning appeals.
A. The board shall have the following powers and it shall be its duty to:
1. Hear and determine appeals from and review any order, requirement, decision or determination made by the building commissioner in the enforcement of this title.
2. Hear and decide on permits for conditional uses, development plans or other uses upon which the board is required to act under this title.
3. Authorize upon appeal in specific cases such variances from the terms of this title as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done.
B. In exercising its powers, the board may reverse or affirm, wholly or partly, 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 shall have all the powers of the building commissioner from whom the appeal is taken. [Ord. 6, 1990 § 8-6; Code 1999 § 10-47.]
Statutory reference: IC 36-7-4-918 addresses the board of zoning appeals’ powers and duties.
18.100.070 Restriction on board action.
A. Every decision of the board shall be subject to review by certiorari.
B. No variance in the application of the provisions of this title shall be made by the board relating to buildings, land or premises now existing or to be constructed, unless after a public hearing, the board shall find that such variance will not:
1. Alter the land use characteristics of the district.
2. Impair the adequate supply of light and air to adjacent property.
3. Increase the hazard from fire, flood and other dangers to said property.
4. Diminish the marketable value of adjacent lands and buildings.
5. Increase the congestion in the public streets.
6. Otherwise impair the public health, safety, convenience, comfort or general welfare. [Ord. 6, 1990 § 8-7; Code 1999 § 10-48.]
18.100.080 Appeals to the board of zoning appeals.
A. The application for appeal shall consist of the following:
1. The application for improvement location permit and the accompanied documents thereto;
2. A notice of the public hearing prepared by the appellant, which notice shall consist of, at a minimum, the legal description of the real estate involved and its common mailing address, the name of the applicant and the purpose of the hearing;
3. Proof of mailing of the notice of public hearing to all interested parties identified in the application, unless consents have been received from said interested parties consenting to the prayer of the appellant’s appeal.
B. Prior to or at the time of the hearing, the appellant must supply the board of zoning appeals with the following:
1. Proof of publication that the notice of public hearing identified in subsection (A)(2) of this section has been published at least five days prior to the hearing;
2. An affidavit that a conspicuous sign has been posted on the property for at least 10 days prior to the hearing notifying the public of the appeal; such sign can be secured from the clerk-treasurer’s office;
3. Proof of mailing of notice of the public hearing to all interested parties identified in the application, unless consents have been obtained as identified above.
C. The board of zoning appeals shall hold a public hearing within 30 days after receipt of the application for an appeal or variance from the building commissioner or an applicant. However, the public hearing shall not be held sooner than 15 days after its receipt. [Ord. 6, 1990 § 8-6; Code 1999 § 10-49.]