The purpose of this section is to explain the makeup of, jurisdiction of and procedures to be used by this board. It should be noted that use variances are permitted by state statute, but the practice of permitting them is not recommended. Use variances have virtually the same affect as rezoning but without benefit of plan commission review for their relationship to the overall fabric of the comprehensive plan and the potential for adverse consequences thereto. In most states such a delegation of de facto rezoning authority to board of zoning appeals is avoided.

There is hereby reestablished the board of zoning appeals of the Town of Griffith, Indiana. The board of zoning appeals shall be a continuation of the present board of zoning appeals of the Town of Griffith heretofore established under the advisory plan law, IC 36-7-4-900, as added by Acts 1981, PL 309-23.

The board of zoning appeals shall consist of and continue as a five-member board, appointed as follows:

(a)

Four citizen members appointed by the town council of the Town of Griffith, of whom one must be a member of the plan commission and three must not be members of the plan commission.

(b)

One citizen member appointed by the plan commission who must be a member of the plan commission other than the member appointed by the town council of the Town of Griffith.

Following adoption of this chapter, each of the above members shall be re-appointed for the balance of the term being served on the present board of zoning appeals of the Town of Griffith. Thereafter each member, except those appointed from the plan commission shall be for a term of four years. the members appointed from the plan commission shall be for a term of one year. Each term shall expire on the first Monday of the year of termination.

The presence of three members of the board shall constitute a quorum. No action of the board is official, however, unless authorized by a majority of the constituted board.

The board of zoning appeals shall have jurisdiction over all the land subject to the zoning ordinance.

The board of zoning appeals shall have exclusive jurisdiction for:

(1)

Developmental standards variances under the statute and this chapter, except it shall have no jurisdiction to grant a variance from a use district or classification;

(2)

Use variances;

(3)

Appeals of administrative decisions of the building official, as provided by statute, and including requirements for procurement of improvement location or occupancy permits or any ordinance adopted under IC 36-7-4 or any prior zoning statute, and any other appeals authorized by statute.

The staff of the board of zoning appeals shall consist of the administrator as defined in this chapter and such other persons employed by the Town of Griffith as may from time to time be assigned to assist him or her and the board of zoning appeals.

The board of zoning appeals shall have sole authority to adopt any and all rules under IC 36-7-4-916 and any and all by-laws concerning organization, selection of officers, forms for applications, filing requirements, other than as to place of filing as herein provided for, procedures, notices for and conduct of meetings. Upon adoption of such rules and by-laws they shall be applicable to the board of zoning appeals.

The Town of Griffith shall provide suitable facilities for the holding of board of zoning appeals hearings and the storage of its recorded documents and accounts, and in its annual budget to provide sufficient funds for the functioning of said board and staff.

All applications for developmental standards variances, use variances, and administrative appeals shall be filed by the applicant with the staff of the board of zoning appeals.

All hearings required for developmental standards variances, use variances, and administrative appeals related to zoning ordinance enforcement and/or approval of an improvement location or occupancy permit shall be established by rule of the board of zoning appeals. as per section 86-227, procedures for public notice setting forth time and place for all hearings by the board of zoning appeals shall be established by the board of zoning appeals.

In making its recommendation to the town council regarding a request for a use variance, the board of zoning appeals shall take into consideration all of the following factors:

(a)

There shall be no classes of cases or applications, nor any particular situation in which this chapter authorizes either special uses, special exceptions or contingent uses.

(b)

The board of zoning appeals may recommend a use variance in a district if, after a hearing under section 86-230, it makes a finding of fact in writing, that:

(1)

The approval will not be injurious to the public health, safety, morals and general welfare of the community, and

(2)

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and

(3)

The need for the variance arises from some condition peculiar to the property involved, and

(4)

The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the subject property. The situation shall not be solely self-imposed, nor be based on a perceived reduction of or restriction on economic gain.

(5)

The approval does not interfere substantially with the comprehensive plan.

(c)

The board may impose such reasonable conditions upon its recommendation as it deems necessary.

(d)

The board may permit or require the owner of the parcel of property to make a written commitment concerning the use or development of the parcel as specified under IC 36-7-4-921.

(e)

A use variance may not be expanded, extended or enlarged unless re-approved under the provisions set forth in this chapter for approving a use variance.

(f)

A use variance, approved under item (b) above is void if that use is not established within a 12-month period of the date the use variance was approved, or if that use variance is discontinued at that site for a 12-month period during which time it is not succeeded by the same specifically approved use variance.

(g)

Reserved.

(h)

A use variance may be terminated by the town council, after receiving a recommendation by the board of zoning appeals, upon filing of an application by an interested person or the administrator, and upon a finding at a public hearing, with notice to the property owner, that the terms of this chapter, or conditions of approval or commitments have not been complied with.

(i)

For a use variance to be eligible for a public hearing by the board under this section, an applicant must first receive a determination from the administrator that a use variance is required for the intended use or for the expansion, extension or enlargement of a use under (f) above. The administrator shall file a report of determination with the plan commission which body shall determine how the granting of a use variance would affect the purposes served by this chapter in furtherance of the comprehensive plan. Within 30 days of the date on which it received the application, the commission shall report its determination to the board for action by it as authorized by item (b) above. if the board recommends the use variance to the town council, and the council grants the use variance, it shall direct the applicant to apply for an improvement location permit. If such application complies with this chapter and with all other applicable codes and ordinances, the administrator shall issue the improvement location permit for the approved use variance.

In making its determination to grant or deny a request for a developmental standards variance, the board of zoning appeals shall take into consideration all of the following factors:

(a)

The board may grant a variance from the development standards (such as height, bulk and area) of the zoning ordinance if, after a public hearing, it makes findings of fact in writing, that:

(1)

The approval will not be injurious to the public health, safety, morals and general welfare of the community; and

(2)

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and

(3)

The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. The situation shall not be solely self-imposed, nor be based on a perceived reduction of or restriction on economic gain.

(b)

The board may permit or require the owner of a parcel to make written commitment concerning the use or development of that parcel or may impose conditions upon that grant of variance.

(c)

The variance granted by the board shall run with the land until such time as:

(1)

The use of the variance ends.

(2)

The property conforms with the chapter as written.

(d)

Where the owner has failed to comply with any condition and/or with any commitment permitted or required by the grant of the variance, the board may authorize any action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of the grant, or with the terms of this chapter in the same manner as if the variance had not been granted.

A decision of the administrator enforcing this chapter may be appealed to the board of zoning appeals by any person who is adversely affected by the decision. On an appeal, the board of zoning appeals may make any decision that the administrator might have made.

All appeals from a decision of the board of zoning appeals shall be made pursuant to IC 36-7-4-1001 through 36-7-4-1020. The person aggrieved by a decision of such board of zoning appeals shall present the petition provided for in IC 36-7-4-1003 to the court within 30 days after the entry of the decision of the board of zoning appeals.