Sec. 24-614. Board of Zoning Appeals.
(a) Establishment and membership. A Board of Zoning Appeals is hereby established in accordance with IC 36-7-4-900 et seq., as amended from time to time. The present members of the Town Board of Zoning Appeals are designated as members of the Board of Zoning Appeals created herein.
(b) Powers. The Board of Zoning Appeals shall have all the powers provided in IC 36-7-4-900 et seq., as amended from time to time. In the exercise of these powers, the Board of Zoning Appeals may impose such conditions, as it may deem advisable in the furtherance of the purposes of this zoning chapter.
(c) Rules of procedure.
(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.
(d) Meetings. The meetings of the Board of Zoning Appeals shall be held at the call of the chair or by a majority of the membership at such times as the Board of Zoning Appeals may determine. The Board of Zoning Appeals shall keep minutes of its proceedings and record the vote on all actions taken. All minutes and records shall be filed in records and are public records. The Board of Zoning Appeals, in all cases heard by it, shall make written findings of fact.
(e) Jurisdiction. The Board of Zoning Appeals shall hear and determine appeals from and review:
(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.
(f) Exceptions and uses.
(1) The Board of Zoning Appeals shall approve or deny all:
a. Special exceptions;
b. Special uses;
c. Contingent uses; and
d. Conditional uses
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:
a. The establishment, maintenance or operation of the special use, special exception, contingent use, or conditional use will not be detrimental to or endanger the public health, safety, comfort, morals or general welfare;
b. The special exception, special use, contingent use, or conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood;
c. The establishment of the special exception, special use, contingent use or conditional use will not impeded the normal and orderly development and improvement of surrounding property for uses permitted in the district;
d. The special exception, special use, contingent use or conditional use shall be required to comply with reasonable time limitations on commencement and duration of special exception, special use, contingent use or conditional use as well as holder of rights to the same;
e. Adequate utilities, access roads, drainage and/or other necessary facilities will be provided;
f. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
g. The special exception, special use, contingent use, conditional use shall in all other respects conform to the applicable regulations of the zoning district in which it is located.
(g) Variances of use from terms of zoning ordinance. The Board of Zoning Appeals shall approve or deny all variances of use from the terms of this zoning chapter. The foregoing shall be, however, subject to a final determination by the Town Council pursuant to IC 36-7-4-918.6. The Board of Zoning Appeals may impose reasonable conditions as part of its approval. 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. A variance hereunder may only be approved upon a specific determination in writing 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.
(h) Variance from development standards of zoning ordinance. The Board of Zoning Appeals shall approve or deny variances from the development standards (such as height, bulk or area) of this zoning chapter. A variance may only be approved upon a specific determination in writing 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; and
(3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property.
(i) Appeals to the board.
(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:
a. At the meeting at which that matter is first presented; or
b. At the conclusion of the hearing on that matter, if it is continued.
(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.
(j) Public hearings. Upon the filing with the Board of Zoning Appeals of an appeal, or of an application for special exception, special use, contingent use, conditional use, variance, or variance of use, a reasonable time and place for public hearing thereon shall be established and notice thereof shall be given as follows:
(1) By publishing one (1) legal notice in two (2) newspapers of general circulation having daily publication with the publication to appear at least ten (10) days before the date fixed for the public hearing.
(2) By giving personal notice at least ten (10) days prior to the appointed time of said hearing to all owners of property within three hundred (300) feet of the lot, parcel or building in question. 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. The last known address shall be as shown by the most recent Auditor's transfer list in Lake County, Indiana.
(3) The notice herein required shall be on a form approved by the Board.