A board of zoning appeals is hereby established in accordance with section 18-7-4-901 thru section 18-7-4-920 of Public Law 178 of the Acts of 1979 of the Indiana General Assembly [repealed in 1981—see new IC 36-7-4-900 et seq.], and all acts amendatory thereto.

The board shall be composed of members as provided by state law. Alternate members may be appointed as provided by state law as follows:

6.1.0.

The mayor, common council and plan commission each may appoint an alternate member to the board of zoning appeals, for a total of three alternate members.

6.1.1.

Alternate members shall have all the rights and privileges of members of the board of zoning appeals and may participate in the discussion and evaluation of petitions before the board.

6.1.2.

An alternate member shall serve as a voting member of the board of zoning appeals and may be entitled to vote when a regular member, appointed by the same appointing authority (mayor, common council, and plan commission) as the alternate member, abstains or disqualifies himself from participating in consideration of a matter before the board.

At the first meeting of each year, the board shall elect a chairman and a vice-chairman from among its members, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensations therefore fixed by the common council and consistent with state law. The vice-chairman shall have the authority to act as chairman during the absence or disability of the chairman.

A majority of the members of the board of zoning appeals shall constitute a quorum. No action of the board is official, however, unless authorized by a majority of the board.

The board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this ordinance.

When deemed necessary, meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings, and record the vote of each new member voting upon each question. All minutes and records shall be filed in the office of the board and shall be a public record.

Any decision of the planning director made in enforcement of this ordinance may be appealed to the board of zoning appeals by any person claiming to be adversely affected by such decision, within 60 days from such decision.

6.7.1.

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

6.7.1.1.

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

6.7.1.2.

Hear and decide on permits for special exceptions,restrictive covenants, development plans or other uses upon which the board is required to act under this ordinance.

6.7.1.3.

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, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

6.7.2.

In exercising its powers, the board may reverse or affirm, wholly or partly, 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 shall have all the powers of the planning director from whom the appeal is taken.

6.7.3.

The board, in granting a variance from the terms of this ordinance, shall determine, based on the findings compiled from evidence presented to the board in each specific case that:

6.7.3.1.

Because of the particular physical surroundings, shape, or topographic conditions of the specific property involved, an unusual and unnecessary hardship to the owner would result, as distinguished from a mere inconvenience or economic hardship, if the strict letter of the ordinance were to be carried out.

6.7.3.2.

The conditions upon which a petition for a variance is requested are unique to the specific property involved and are not applicable to other properties in the same district.

6.7.3.3.

The alleged difficulty or hardship is caused by the ordinance and has not been caused by any persons presently having an interest in the property.

6.7.3.4.

Granting of the variance will not constitute a change in the use district or classification.

6.7.4.

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

6.7.5.

A variance granted by the board shall become null and void unless such use as granted is commenced or a building permit shall have been issued and work thereon is substantially underway within six months of the granting of said variance, or within the period of time beyond six months as may be granted by the board.

6.8.1.

Every decision of the board shall be subject to review by certiorari.

6.8.2.

No variance in the application of the provisions of this ordinance shall be made by the board relating to buildings, land or premises now existing or to be constructed, unless after a public hearing, the board shall find that such variance will not:

6.8.2.1.

Alter the land use characteristics of the district.

6.8.2.2.

Impair the adequate supply of light and air to the adjacent property.

6.8.2.3.

Increase the hazard from fire, flood and other dangers to said property.

6.8.2.4.

Diminish the marketable value of adjacent lands and buildings.

6.8.2.5.

Increase the congestion in the public streets.

6.8.2.6.

Otherwise impair the public health, safety, convenience, comfort or general welfare.