(a)

The Board of Appeals of the City of Batesville is hereby established. Said board shall consist of six (6) members, appointed by the Mayor and Board of Aldermen of Batesville.

(b)

All members of the board shall serve without additional compensation and the term of office shall be concurrent with the term of office held by them under the Charter of the city; provided, however, in the case of the members appointed by the board of aldermen, his or her term of office shall be concurrent with the appointment. The chairman of the board of appeals shall be appointed by the members of the board of appeals. The board of appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance.

(Ord. No. 2010-09-743, 9-7-10)

The board of appeals shall have jurisdiction of certain matters arising in connection with the administration, enforcement, or interpretation of this ordinance as herein provided.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Meetings of the board of appeals shall be held at the call of the chairman and at such other times as the majority of the board may determine. The presence of three (3) members of the board shall constitute a quorum. There shall be a fixed place for the meeting and all meetings shall be open to the public.

(b)

The chairman, or in his absence the acting chairman, may administer the oaths and compel the attendance of witnesses. The board shall adopt its own rules and procedures and keep records of its proceedings showing the action of the board and the vote of each member on each question considered. Records of its examinations and other official actions shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 2010-09-743, 9-7-10)

(a)

The board of appeals shall have the following powers, and it shall be its duty:

(1)

To hear and decide appeals where it is alleged there is an error in an order, requirement, decision or determination made by the code enforcement officer in the enforcement of this ordinance;

(2)

Upon recommendation of the planning commission, to hear and decide upon applications for conditional uses enumerated in this ordinance;

(3)

To permit the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this ordinance;

(4)

To interpret the provisions of this ordinance in such way as to carry the intent and purpose of the plan, as shown upon the accompanying official zoning map made a part of this ordinance fixing the several districts where the street layout actually on this ground varies from the street layout on this map;

(5)

Upon recommendation of the planning commission, to vary or modify the application of any of the regulations or provisions of the ordinance where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, so that the spirit of this ordinance shall be observed, public welfare and safety secured and substantial justice done.

(b)

In exercising the above powers, the board may, in conformity with the provisions of this ordinance reverse or affirm, wholly or in part or may modify the order, requirement, decision or determination of the code enforcement officer and/or planning commission, and to that end shall have all the powers of the code enforcement officer and may issue or direct the issuance of a building permit. A majority vote of the members of the board shall be necessary to reverse any order, requirement decision or determination of the building official, or to decide in favor of the applicant, or on any matter upon which it is required to pass under the provisions of this ordinance.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Appeals from the ruling of the board of appeals concerning the enforcement of the provisions of this ordinance may be made to the mayor and board of aldermen of the city. Appellant shall file with the board of appeals a notice of appeal, specifying the grounds thereof. The chairman of the board of appeals shall forthwith transmit to the mayor and board of aldermen of the city all papers constituting the record upon which the action appealed from was taken. The final deposition of any such appeal shall be in the form of a decision expressed in a resolution, either reversing, modifying or affirming, wholly or partially, the board of appeals' decision or determination appealed from.

(b)

Any person aggrieved at the findings of the mayor and board of aldermen of the city after an appeal from the board of appeals has been transmitted to said mayor and board of aldermen and a hearing has been had thereof shall have the right of appeal from the findings of said board in the manner provided by law.

(Ord. No. 2010-09-743, 9-7-10)