(A)   The Board of Zoning Appeals for the city is hereby established in accordance within IC 36-7-4-901 and 36-7-4-902 and all Acts now or hereafter amendatory thereto.

   (B)   The Board of Zoning Appeals shall consist of five members as follows:

      (1)   Three citizen members appointed by the Mayor of the city, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission.

      (2)   One citizen member appointed by the Common Council of the city, who must not be a member of the Plan Commission.

      (3)   One citizen member appointed by the Advisory Plan Commission who must be a member of the Plan Commission.

   (C)   The Board shall meet at regularly scheduled monthly meetings or at the call of the Chairperson.

   (D)   All meetings shall be open to the public, except those that are exempt by state law.

   (E)   At the first meeting of the calendar year, the Board shall elect from its members a chairperson and vice-chairperson.

   (F)   All procedures for the Board shall be in accordance with the rules outlined in IC 36-7-4-916.

(Ord. 5-2002, passed 3-4-02)

   The Board of Zoning Appeals shall have the power to effectively carry out their duties as follows:

   (A)   Hear and determine appeals from and review any order, requirement, decision or determination made under this chapter, by the Zoning Administrator;

   (B)   Permit and authorize contingent uses and special exception subject to, and within the limitations prescribed by the provisions of this chapter.

   (C)   Approve or deny, upon written application in specific cases, variances from the terms of this chapter. Such variances may be approved only upon written determination by the Board of the findings set forth in IC 36-7-4-918.4, as the same may be amended from time to time.

   (D)   In exercising its power, the Board may reverse or affirm, wholly or in part, 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 have all powers of the official, person or entity from whom or which the appeal is taken. In approving a special exception, contingent use or variance, the Board may also impose such reasonable conditions regarding the location, character and other features of the proposed building, structure, or use with which the appeal or application before it is concerned, as it may deem advisable in the furtherance of the purposes of this chapter, and the protection of the public convenience and welfare. Such conditions may include a requirement for the recordation of a written instrument in a form acceptable to the Board, binding the present and subsequent owners of the parcel of land affected and all parties having an interest therein, to the terms of such conditions.

(Ord. 5-2002, passed 3-4-02)