A Board of Zoning Appeals is hereby established in accordance with I.C. 36-7-4-900 series - Board of Zoning Appeals, as amended from time to time, and this Board shall be called the Town Board of Zoning Appeals.

(Ord. 23, § 4.20.10, passed 3-19-1997)

   Membership of the Board of Zoning Appeals shall be as follows:

   (A)   Number and appointment.

      (1)   Three citizen members appointed by the executive of the Town Council, 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 Town Council, who must not be a member of the Plan Commission; and

      (3)   One member appointed by the Plan Commission, who must be a citizen member of the Plan Commission other than the member appointed under division (A)(1) above.

   (B)   Membership terms.

      (1)   When an initial term of office expires, each new appointment is for a term of four years.

      (2)   The members shall initially be appointed for the following terms of office:

         (a)   One for a term of one year;

         (b)   One for a term of two years;

         (c)   One for a term of three years; and

         (d)   Two for a term of four years.

      (3)   Under division (B)(2) above, each term expires on the first Monday of January of the first, second, third, or fourth year, respectively, after the year of the member’s appointment.

(Ord. 23, § 4.20.30, passed 3-19-1997)

   The Board of Zoning Appeals shall have territorial jurisdiction over all the land subject to this zoning chapter.

(Ord. 23, § 4.20.20, passed 3-19-1997)

   (A)   The Board of Zoning Appeals shall have the following powers and duties in accordance with I.C. 36-7-4-900 et seq., as may be amended from time to time:

      (1)   To hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under this chapter;

      (2)   To hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative board or other body except the Plan Commission, in relation to the enforcement of this chapter;

      (3)   To hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative board or other body except the Plan Commission, in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of a location improvement permit or occupancy permit;

      (4)   To hear and forward a recommendation to the Town Council regarding use variances from the terms of this chapter;

      (5)   To approve or deny variances from the development standards, such as height, bulk, or area, of this chapter;

      (6)   To hear and forward a recommendation to the Town Council regarding special exceptions, special uses, contingent uses, and/or conditional uses, as they may be provided for or by this chapter; and

      (7)   Other duties as may be allowed under the I.C. 36-7-4-900 series - Board of Zoning Appeals, as may be amended from time to time.

   (B)   The Board of Zoning Appeals may adopt rules and procedures for the utilization of a written commitment concerning the use or development of a parcel of property in conjunction with a petition for a special exception, special use, contingent use, conditional use, or variance.

(Ord. 23, § 4.20.40, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998)

   (A)   The Board of Zoning Appeals shall adopt rules, which shall not conflict with this chapter, concerning:

      (1)   The filing of appeals;

      (2)   The application for variances, special exceptions, special uses, contingent uses, and conditional uses;

      (3)   The giving of notice;

      (4)   The conduct of hearings; and

      (5)   The determination of whether a variance application is for a variance of use or for a variance from the development standards (such as height, bulk, or area).

   (B)   The Board of Zoning Appeals may also adopt rules providing for:

      (1)   The allocation of cases filed among the divisions of the Board of Zoning Appeals;

      (2)   The fixing of dates for hearings; and

      (3)   The general conduct of the business of the Board of Zoning Appeals.

(Ord. 23, § 4.20.50, passed 3-19-1997)