Ellettsville City Zoning Code
BOARD OF
ZONING APPEALS
§ 152.330 ESTABLISHMENT AND MEMBERSHIP.
The Town Council of Ellettsville hereby establishes a Board of Zoning Appeals to consist of five members with three appointed by the President of the Town Council, one appointed by the Town Council who is not on the Plan Commission and one selected from the membership of the Plan Commission appointed by the Plan Commission.
(Ord. 03-05, § 806-05, passed 5-27-2003)
§ 152.331 OFFICERS, MEETINGS, AND PROCEDURES.
(A) During the first meeting of the year an election of President, Vice President, and Secretary will be held. Public Meetings will be held at a regular agreed upon day and time each month depending on new zoning petitions being filed. Since meetings are formal and quasi-judicial no member may be lobbied by the petitioner or other members of the public prior to a case being heard.
(B) A quorum consists of a majority of the board, but no action can be taken unless the action has three official votes. The Board is charged with hearing all variances and special exceptions, which “run with the property”. The Board may ask that a deed be changed to reflect a variance or special exception approval. The Board is also empowered to hear appeals related to administrative interpretation of the zoning code.
(Ord. 03-05, § 806-10, passed 5-27-2003)
§ 152.332 POWERS AND DUTIES.
Members of the Board represent the citizens of Ellettsville and the broader interest of the community. Where in the case of a special exception an uncommon use can be approved with conditions the use may become a legal approved use for the specific site and advance the community’s enterprise. Where in the case of a variance the property owner requests relief from the strict code due to an uncommon condition, which was not caused by the property owner, or if variance from the code was minimal and of no impact to the neighboring properties, written findings of fact and reasons for decisions should be filled out at each meeting on a form prepared by the town’s zoning officer or administrative staff complying precisely with the state rules for Board of Zoning Appeals decisions. Granting of a variance or special exception runs with the property and change of ownership does not effect the continuing of the variance or special exception or commitments to specified conditions.
(Ord. 03-05, § 806-15, passed 5-27-2003)
§ 152.333 CONFLICT OF INTEREST.
(A) Members must stand down and can not participate in any hearing where they have a direct or indirect financial interest.
(B) Also members may not represent other petitioners before the Board.
(Ord. 03-05, § 806-20, passed 5-27-2003)
§ 152.334 CONDUCT OF HEARINGS.
(A) (1) Following the staff review of the zoning petition the petitioner presents first followed by the opponents.
(2) The Board members then bring the case back for discussion before voting.
(3) The President of the Board may set reasonable time limits for each speaker to address the Board.
(B) Written information must be submitted to Town Hall at least 24 hours prior to the hearing.
(Ord. 03-05, § 806-25, passed 5-27-2003)
§ 152.335 FILING FEES.
Fees shall be as set forth in §
152.363
.
(Ord. 03-05, § 806-30, passed 5-27-2003; Am. Ord. 06-24, passed 12-11-2006; Am. Ord. 09-12, passed 6-8-2009; Am. Ord. 2020-18, passed 2-24-2020)
§ 152.336 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONDITIONAL USE. To use specifically designated as such in this title which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular zoning district and which may be conducted only pursuant to a conditional use approval granted by the Board of Zoning Appeals. The conditional use is temporary and ends with change in the ownership or use of the land, unless earlier terminated by conditions imposed by the Board of Zoning Appeals.
SPECIAL EXCEPTION. A use of land that is in conflict with the Zoning Code but is one of the allowable exceptional uses listed in this Code and which may be approved by the Board of Appeals if it meets certain conditions.
VARIANCE.
(1) DEVELOPMENT STANDARDS. A specific approval to deviate from the development standards (such as height, bulk, area) that the Town Code otherwise prescribes, granted pursuant to I.C. 36-7-4-918.5.
(2) USE VARIANCE. The approval of land use other than that prescribed by the Town Code, granted pursuant to I.C. 36-7-4-918.4.
(Ord. 09-12, passed 6-8-2009)