Centerville City Zoning Code
BOARD OF
ZONING APPEALS
§ 154.045 ESTABLISHMENT.
A Board of Zoning Appeals is hereby established in accordance with I.C. 36-7-4-900 et seq.
(Prior Code, § 154.030) (Ord. 1-1957, passed 5-27-1957)
§ 154.046 COMPOSITION; APPOINTMENT.
The Board of Zoning Appeals shall be composed of six members, five of whom shall be residents of the town and one of whom shall reside in the jurisdictional area outside of the town. None of the members shall hold other elective or appointive office; except that, two of the six members shall be appointed from the Town Plan Commission’s citizen membership. Of the original five members residing in the town, two shall be appointed to serve for four years; one for three years; one for two years; and one for one year; and the appointee from the jurisdictional area outside of the town shall be appointed for a term of four years. Terms of these members shall expire on January 1 in the year in which their original appointments terminate. Thereafter, as the terms expire, each new appointment shall be for a term of four years. All members of the Board residing in the town shall be appointed by the President of the Council, and the member from the jurisdictional area shall be appointed by the Judge of the Circuit Court of the county.
(Prior Code, § 154.031) (Ord. 1-1957, passed 5-27-1957)
Statutory reference:
Appointment of additional member from unincorporated area, see I.C. 36-7-4-903
Membership, see I.C. 36-7-4-902
Membership terms, see I.C. 36-7-4-906
§ 154.047 OFFICERS; COMPENSATION.
At the first meeting of each year, the Board of Zoning Appeals shall elect a Chairperson and a Vice Chairperson from among its members. The Board may appoint and fix the compensation of a Secretary and any other employees necessary for the discharge of its duties, all in conformity to and in compliance with the salaries and compensations theretofore fixed by the Council.
(Prior Code, § 154.032) (Ord. 1-1957, passed 5-27-1957)
§ 154.048 MEETINGS AND RECORDS.
All meetings of the Board of Zoning Appeals 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.
(Prior Code, § 154.033) (Ord. 1-1957, passed 5-27-1957)
§ 154.049 POWERS AND DUTIES.
(A) The Board of Zoning Appeals shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this chapter.
(B) The Board shall have the powers, and it shall be its duty, to do the following:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Building Commissioner in the enforcement of this chapter;
(2) Hear and decide on permits for conditional uses, development plans, variances, special uses or other uses upon which the Board is required to act under this chapter; and
(3) Authorize upon appeal in specific cases any variances from the terms of this chapter 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 chapter will result in unnecessary hardship, so that the spirit of this chapter shall be observed and substantial justice done.
(C) 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 on the premises and, to that end, shall have all the powers of the Building Commissioner from whom the appeal is taken.
(D) An appeal which has been decided against the petitioner shall not again be placed on the docket for consideration by the Board within a period of one year from the date of the decision previously rendered, except upon the motion of a member adopted by a unanimous vote of all members present at a regular or special meeting.
(Prior Code, § 154.034) (Ord. 1-1957, passed 5-27-1957; Ord. passed 9-7-1976)
§ 154.050 APPEALS FROM BUILDING COMMISSIONER.
Any decision of the Building Commissioner made in the enforcement of this chapter may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by the decision.
(Prior Code, § 154.035) (Ord. 1-1957, passed 5-27-1957)
§ 154.051 DECISIONS SUBJECT TO REVIEW.
Every decision of the Board of Zoning Appeals shall be subject to review by certiorari.
(Prior Code, § 154.036) (Ord. 1-1957, passed 5-27-1957)
§ 154.052 VARIANCES.
No variance or special use in the application of the provisions of this chapter shall be made by the Board of Zoning Appeals relating to buildings, land or premises now existing or to be constructed, unless after a public hearing, the Board shall find that the variance or special use will not do the following:
(A) Alter the land use characteristics of the district;
(B) Impair the adequate supply of light and air to adjacent property;
(C) Increase the hazard from fire, flood and other dangers of the property;
(D) Diminish the marketable value of adjacent lands;
(E) Increase the congestion in the public streets; and
(F) Otherwise impair the public health, safety, convenience, comfort or general welfare.
(Prior Code, § 154.037) (Ord. 1-1957, passed 5-27-1957)