(1) The Board of Zoning Appeals shall adopt rules of procedure provided that such rules of procedure shall not conflict with this zoning chapter. A copy of the rules of procedure shall be available in the office of the Town Manager.

(2) Prior to the determination of an appeal or decision on a special exception, special use, contingent use, or conditional use, or decision on variances, the Board of Zoning Appeals shall fix a reasonable time for a hearing. Public notice shall be provided as required in this article.

(1) Any order, requirement, decision or determination made by an administrative official of staff member, under the zoning ordinance;

(2) Any order, requirement, decision or determination made by an administrative board or other body, except the Plan Commission, in relation to the enforcement of the zoning ordinance; and

(3) Any order, requirement, decision, or determination made by an administrative board or other body except the Plan Commission in relation to the enforcement of the zoning ordinance requiring the procurement of an improvement location or occupancy permit.

(1) The Board of Zoning Appeals shall approve or deny all:

from the terms of the zoning ordinance, as specifically required by this zoning chapter. Special exceptions, special uses, contingent uses and conditional uses shall be, however, subject to a final determination by the Town Council pursuant to IC 36-7-4-918.6. A special exception or a special use may only be approved upon a determination in writing. The Board of Zoning Appeals, after hearing a petition, shall file the petition with the clerk-treasurer with a favorable recommendation, an unfavorable recommendation, or no recommendation for Town Council consideration.

(2) The Board of Zoning Appeals may impose such conditions as will ensure that:

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

(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;

(3) The need for the variation arises from some condition peculiar to the property involved;

(4) The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and

(5) The approval does not interfere substantially with the comprehensive plan of the Town.

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

(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.

(1) An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within ten (10) days from the date of the action appealed. In the event appeal is not taken as specified herein, the right of appeal shall be terminated.

(2) The administrative official or other body, from which the appeal is taken, on the request of the Board of Zoning Appeals, shall transmit all documents, plans and papers constituting the record of the action from which an appeal was taken.

(3) Upon appeal, the Board of Zoning Appeals may reverse, affirm or modify the order, determination, requirement or decision appealed. For this purpose, the Board of Zoning Appeals has all the powers of the official, officer, board or body from which the appeal is taken.

(4) The Board of Zoning Appeals shall make a decision on any matter that it is required to hear, as specified in this chapter, either:

(5) The Board of Zoning Appeals shall file in the office of the board a copy of its decision within five (5) days after making any decision.

(1) By publishing one (1) legal notice, on a form approved by the Town Building and Planning Department, in one (1) newspaper of general circulation having daily publication in Lake County, Indiana, with the publication to appear at least ten (10) days before the date fixed for the public hearing.

(2) By giving personal notice, on a form approved by the Town Building and Planning Department, at least ten (10) days prior to the appointed time of said hearing to all owners of immediately adjoining parcels to a depth of one (1) ownership surrounding the perimeter of the lot or parcel that is the subject of the public hearing.

The foregoing parties shall be deemed "interested parties" pursuant to IC 36-7-4-920. Notice shall be in the form of a written notice thereof by certified mail, return receipt requested, to the last known address of the property owner as shown by the Auditor's transfer list in Lake County, Indiana, as of the filing date of the appeal or application.

(3) By posting in prominent location(s) upon the lot or parcel that is the subject of the public hearing, one (1) or more sign(s), the style and design of which shall be prescribed by the Town Building and Planning Department, which sign(s) shall indicate that the subject lot or parcel is the subject of a public hearing, the date, time and location of said hearing, and the location where interested parties may review the petition or application for which said public hearing is being held. Such sign(s) shall be posted on the subject lot or parcel for a period of not less than ten (10) consecutive days prior to the public hearing. The petitioner or applicant shall bear the burden of obtaining the required sign(s) from the Office of the Town Building and Planning Department and shall at the time of obtaining said sign(s) pay the prescribed fee. The Town may determine what constitutes prominent location(s) as it pertains to the subject property.

(4) By displaying notice on a webpage accessible to members of the general public and included as part of the government website maintained by the Town of St. John, Indiana, for the purpose of providing public hearing notices.