a.

Definition—These terms shall be defined as follows for the purpose of these rules:

b.

Board means the Wabash City Board of Zoning Appeals.

c.

Chairman means the Chairman of the Wabash City Board of Zoning Appeals.

d.

Director means the building commissioner for the City of Wabash.

e.

Secretary means the Secretary of the Wabash City Board of Zoning Appeals.

f.

Vice-chairman means the Vice-chairman of the Wabash City Board of Zoning Appeals.

g.

Interested parties means all property owners within three hundred (300) feet of the subject property.

h.

Citation—These rules shall be cited as "Wabash City Board of Zoning Appeals Rule(s)," section 10-115, et seq. (Gen. Ord. No. 1, 1995, Appendix B, §§ 1.1—1.8, 4-24-95)

a.

Membership—Number—Appointment.

1.

Three (3) citizen members appointed by the mayor, of whom one (1) must be a member of the plan commission and two (2) must not be members of the plan commission.

2.

One (1) citizen member appointed by the city council, who must not be a member of the plan commission.

3.

One (1) citizen member appointed by the advisory plan commission, who must be a member of the plan commission having been appointed from the unincorporated area of jurisdiction and other than the member appointed under subdivision "1".

4.

None of the members of the board of zoning appeals may hold other elective or appointive office except as permitted by "1", "2" or "3" above.

b.

Presiding officer.

1.

The chairman shall preside over all regular and special meetings of the board. The vice-chairman shall act as chairman during the absence or disability of that officer. The board shall elect a chairman pro tempore from among its members if both the chairman and vice-chairman are absent or disabled.

2.

The chairman shall appoint committees and execute contracts. The chairman shall also rule on all points of procedure, unless overruled by a majority vote of the board. The chairman shall sign all official documents on behalf of the board.

3.

The board shall, at its first meeting of each year, elect a chairman and a vice-chairman from its members.

4.

A person who receives a majority vote of the entire membership of the board shall be declared elected to the office at the first meeting of the following year.

c.

Secretary—The board shall appoint a secretary who shall serve at its pleasure. The secretary shall keep a complete and accurate record of all proceedings and votes of the board, record and file all bonds and contracts and assume all responsibility for custody and preservation of all papers and documents of the board, and shall prepare, publish and distribute reports, ordinances and other material relating to board activities.

d.

Seal—The board adopts a seal with the caption "The Seal of the Wabash Board of Zoning Appeals." The secretary shall employ the seal to certify to all official acts of the board.

e.

Other employees—The board may appoint employees necessary for the discharge of its duties.

(Gen. Ord. No. 1, 1995, Appendix B, §§ 2.1—2.5, 4-24-95)

a.

Application—This rule shall apply to all public hearings required by state law or by the Wabash City Zoning and Subdivision Control Ordinances and to all regular and special meetings of the boards.

b.

Regular meetings—The board of zoning appeals shall conduct regular meetings on the third Thursday of each month at 6:30 p.m., in the City Hall, Wabash, Indiana. If the date of a regular meeting falls on a legal holiday recognized by Wabash City, or if it is impossible to conduct the meeting at that time or place, the chairman may set an alternative date, time or place for the regular meeting or may cancel the meeting with the unanimous consent of the members of the board, subject to the State Open Door Law (Indiana Code, § 5-14-1.5).

c.

Quorum—A majority of the members of the board shall constitute a quorum; however, no action of the board shall be official unless authorized by the majority of the board.

d.

Powers and duties of the board:

1.

The board shall have the following powers and it shall be its duty to:

a)

Hear and determine appeals from and review any order, requirement, decision or determination made by the building commissioner in the enforcement of this ordinance.

b)

Hear and determine all special exceptions upon which the board is required to act under this ordinance.

c)

Authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done.

e.

Public hearings—The board may conduct a public hearing as a part of any regular or special meeting or at any other place or time if the notice required by state law is given.

f.

Appearance:

1.

The petitioner or the petitioner's agent must appear in person or by counsel to present a petition or remonstrance to the board and for the board to consider the case. If no person appears on behalf of a petition, the petition may be tabled until the following meeting or dismissed under rule 3"b".

2.

The board staff must be informed prior to the meeting if the petitioner requests a time extension. The staff will determine whether the petitioner's reasons warrant an extension. If the petitioner or the petitioner's agent fails to appear without sufficient reasons, the petition must be dismissed.

g.

Order and courtesy—The chairman shall preserve order and may warn any member or person present that particular conduct is a breach of courtesy. If any member persists in this conduct following the warning, the board may vote to censure the offending member. If any other person present persists in this conduct following the warning, the chairman may order that person to be expelled from the meeting.

h.

Order of business:

1.

The order of business at any regular meeting shall be:

a)

Call to order;

b)

Roll call and determination of quorum;

c)

Reading of minutes of previous meeting;

d)

Old business (continued or tabled items);

e)

New business;

f)

Reports of officers and committees;

g)

Communications and bills;

h)

Adjournment.

2.

The order of business for special meetings shall be:

a)

Call to order;

b)

Roll call and determination of quorum;

c)

The business for which the special meeting was called;

d)

Adjournment.

i.

Presentations—The board shall act on petition in the following order:

1.

A person wishing to speak for or against an application must register that person's name and address with the secretary.

2.

The secretary or the director shall read the application and locate the affected area on a city map.

3.

The director shall present the staff report.

4.

The petitioner shall present facts relating to the case. The chairman shall, in his discretion, provide a reasonable time for presentation.

5.

Board members may direct questions to the petitioner.

6.

The chairman shall recognize those who have registered against the petition to present objections. The chairman shall, in his discretion, provide a reasonable time for the presentation.

7.

The chairman shall call for a motion.

j.

Evidence—The chairman shall determine the admissibility of any evidence before the board.

k.

No variance in the application or provision of this ordinance shall be made by the board unless after a public hearing the board shall find that:

1.

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

2.

The use or value of the area adjacent to the property included in the variance will not be materially adversely affected.

3.

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

4.

The strict application of the terms of the zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the variance is sought.

5.

The variance will not increase the hazard from fire, surface water drainage, or other dangers.

6.

The variance will not materially increase congestion in the public streets.

l.

The board may further impose such conditions and restrictions on the use benefitted by a variance as are necessary to meet the standards established and the intent of this ordinance.

m.

Time period of variance—A variance granted by the board shall be null and void unless an improvement locating permit shall have been issued and work thereon is substantially underway within twelve (12) months of the granting of such variance, or within the period of time beyond twelve (12) months as may be granted by the board.

n.

Continuances—The board may continue any item from one (1) meeting to another. No notice shall be required for the continued consideration of any item except that required by state law.

o.

Procedural rules—The most recent edition of Robert's Rules of Order shall govern the conduct of all meetings and public hearings except to the extent that it conflicts with Wabash City law or these rules.

p.

Agenda:

1.

The agenda shall list all items to be considered by the board at a regular or special meeting. The items shall be listed on the agenda in the order in which the petition or other document was filed with the secretary. No item shall be considered by the board unless it appears on the agenda. Any petitioner may withdraw any petition prior to the meeting at which it was to be considered.

2.

The agenda shall be sent by U.S. mail to all members of the board and shall be available for public inspection at the board office no later than five (5) days before any regular meeting.

(Gen. Ord. No. 1, 1995, §§ 3.1—3.16, 4-24-95; Amd. of 1-15-09)

a.

Applications:

1.

Every petitioner for an appeal, variance, or special exception shall complete an application supplied by the secretary. The applications shall be in the form set forth in Rule 6.

2.

The director may require the petitioner to submit any additional information he/she deems relevant for consideration by the board, including written proof that the petitioner is the agent of the property owner or owners if the petitioner is not the sole owner of the property.

b.

Filing requirements:

1.

Every petition for an appeal, special exception or variance shall be filed with the secretary no later than ten (10) days prior to its consideration by the board.

2.

Any appeal to the board shall be filed with the board within fifteen (15) days following the decision of the director or building commissioner.

3.

The director shall determine if an application for a variance is a variance of use or a variance from the developmental standards.

c.

Notice requirements:

1.

For the purpose of Indiana Code, § 36-4-4-920(b), any person with a legal interest in property subject to a petition before the board or the owner of any property within three hundred (300) feet is an interested party.

2.

If the subject matter of the proposal abuts or includes a city jurisdiction line (or a city jurisdiction line street or road, or a city jurisdiction line body of water), then all owners of real property to a depth of two (2) ownerships or one-eighth (⅛) of a mile beyond the city jurisdiction line, whichever is less, are interested parties.

3.

Adequate notice is provided under these rules if:

a)

The petitioner mails, by regular mail, copies of the legal notice of the meeting to all interested parties.

b)

The petitioner publishes a legal notice of the public hearing. This notice must state the date, time and place of the hearing, the name of the petitioner, a brief description of the property subject to the petition, and the reason for the petition.

d.

Commitments:

1.

The board may require the owner of the lot or parcel of property to make a written commitment concerning the use or development of the lot or parcel.

2.

For the purposes of Indiana Code, § 36-7-4-921(b), the director is the only specially affected party as defined by this rule who may enforce the commitment.

3.

A commitment shall be created by the owner of the property by affixing his or her signature to a written statement of the terms of the commitment. The signed commitment shall be attached to the petition and entered into the minutes of the board by the secretary.

4.

A commitment may be modified or terminated only by a decision of the board made at a public hearing after notice is given in accordance with the requirements set forth in board of zoning appeals Rule 4"c".

5.

If any person fails to abide by a commitment, that person commits a violation of the zoning ordinance. The commitment shall be enforced in accordance with the provisions of the zoning ordinance.

(Gen. Ord. No. 1, 1995, Appendix B, §§ 4.1—4.4, 4-24-95)

a.

Amendments—These rules may be amended by a two-thirds (⅔) vote of the membership of the board.

b.

Suspension—These rules or any portion of them may be suspended by a two-thirds (⅔) vote of the membership of the board. No suspension shall be continued beyond the adjournment of the meeting at which the motion to suspend was passed.

c.

Effective date—These rules shall enter into effect immediately upon the adoption of this resolution.

(Gen. Ord. No. 1, 1995, Appendix, §§ 5.1—5.3, 4-24-95)

The forms on the following five (5) pages shall be used for pertinent petitions filed with the board.

a.

Notice of public hearing;

b.

Petition for variance;

c.

Application for special exception;

d.

Petition for appeal;

e.

Report of decision.

Notice of Public Hearing before the Board of Zoning Appeals of the
City of Wabash, Indiana

Notice is hereby given on the _____ day of ________, 20___, ___________ filed with the Board of Zoning Appeals of the City of Wabash, Indiana, a petition requesting an appeal of a decision by the Building Commissioner of the City of Wabash, Indiana, to-wit: for the grant of a (special exception) (variance).

The location and description of the property for which the ___________ has been requested is _____
(Street Address/RR #)

_____
(Legal Description)

The description of the action requested in the petition is _____

_____

_____

The petition and all necessary information relating thereto will be available for public inspection in the office of the Building Commission of the City of Wabash, Indiana, Wabash City Hall, 201 South Wabash Street, Wabash, Indiana from 8:00 a.m. to 4:00 p.m., Monday through Friday of each week until the date of the hearing of the petition.

A public hearing will be held by said Board on the _____ day of ________, 20___ at _____ p.m. in the Wabash City Hall, 201 South Wabash Street, Wabash, Indiana, at which time all interested persons will have the opportunity to be heard on the matters set forth in the petition.

Petition for Variance before Board of Zoning Appeals

Location and description of premises for which the variance is requested:

Street Address: _____

Legal Description: _____

A plot plan drawn to scale showing the lot or plot and the location of all existing structures, structures [ ] resized, proposed structures, right-of-way lines of adjacent highways, streets and alleys, parking areas, private wells and private sewage disposal systems is attached to and made a part of this petition.

Nature and size of existing improvements: _____

Present zoning _____

Proposed Use _____

Detailed description of variance requested: _____

_____

_____

Why is the variance requested _____

_____

_____

Name and address of all owners of property situated within 300 feet of the property for which variance is requested. _____

_____

_____

_____

_____

Note: Petitioner must furnish proof of mailing of notice to all of the above named property owners by [ ] regular [ ] posted not less than 10 days prior to the date of the hearing on this petition.

The undersigned swears or affirms that the information set forth herein above and in all documents and exhibits attached hereto is true and correct to the best of his knowledge and belief.

Subscribed and sworn to before me this _____ day of ________, 20___

Wabash City Board of Zoning Appeals

Application for Special Exception for the Requirement of the Zoning Ordinance Contingent Use

Address of Applicant _____

Name and Address of Owner _____

Premises effected Street No. _____

Nature and Size of Improvements now existing _____

Nature of Uses Surrounding Proposed Special Exception _____

_____

Duration of Use _____

Note: This application shall be accompanied by a plot of the premises drawn to scale showing the location of the proposed and existing structures. The plot plan shall be complete with dimensions of premises and structures.

I hereby certify to the correctness of the plot plan and of the above information. (This application must be submitted in duplicate and signed by the owner of the premises or his duly authorized agent.)

_____
(spaces below to be filled in by Board of Zoning Appeals)

Date and Place of Public Hearing _____

Other Remarks _____

Petition for Appeal

Number _____ 20___

Name of the Petitioner(s) for Appeal: _____

Subject of Appeal: _____

Reasons for Requested Hearing: _____

_____

Legal Description of Land involved in Appeal: _____

_____

_____

_____

_____

Date Advertised _____

Date of Hearing _____

Decision of Appeal Board:

The above petition was approved (denied) by the Wabash City Board of Zoning Appeals.

Report of Decision of the
Wabash City Board of Zoning Appeals

Date and Place of Public Hearing _____

_____

Name of Petitioner _____

Variance Number _____

Application for Variance Granted _____ Denied _____

a. If granted, subject to the following provisions: _____
_____
_____
_____
_____
_____

b. If denied, reasons: _____
_____
_____
_____
_____
_____

Other Remarks: _____
_____
_____

Wabash City Board of Zoning Appeals

I affirm that I understand and accept this variance with all above provisions.

(Gen. Ord. No. 1, 1995, Appendix B, § 6.1, 4-24-95)