Chapter 18.180
APPEALS
Sections:
18.180.010 Board of Zoning Appeals.
18.180.020 Procedures – Board of Zoning Appeals.
18.180.030 Appeals before the Board of Zoning Appeals.
18.180.050 Appeals from board decisions.
18.180.010 Board of Zoning Appeals.
(A) Establishment. The Board of Zoning Appeals is established by this chapter. The appointment and terms of the board shall be in accordance with IC 36-7-4-900 et seq. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77; Ord. 2658, passed 2-19-64; Ord. 2512, passed 2-19-62. 1962 Code, Art. 9, Ch. 30, § 2; 1982 Code § 153.162; 1983 Code § 15.153.162.]
18.180.020 Procedures – Board of Zoning Appeals.
(A) The Board of Zoning Appeals shall approve or deny all:
(1) Variances;
(2) Special uses;
(3) Appeals;
from the terms of this title, but only in the classes of cases or in the specific situations specified in this title. The board may impose reasonable conditions as part of its approval.
(B) The board shall set a date for a public hearing on the petition.
(1) Notice of the public hearing shall be published one time before the date of the hearing.
(2) Prior to the public hearing by the Board of Zoning Appeals, the petitioner must file in the Area Plan Commission office proof of notification to all abutting property owners and to registered neighborhood associations, pursuant to EMC 2.108.060, whose boundaries include and/or are contiguous to the subject property.
(3) Cost of the notice must be borne by the petitioner.
(4) When an appeal is filed by a member of the Site Review Committee regarding a decision made by that committee as set forth in EMC 18.170.010(B)(5), notice shall only be sent to all other members of that Site Review Committee.
(5) A person may not communicate with any member of the board before the hearing with the intent to influence the member’s action on a matter pending before the board. Not less than five days before the hearing, however, the staff of the Area Plan Commission may file with the board a written statement setting forth any facts or data pertinent to the matter.
(6) Should the petitioner fail to comply with the notice requirements, as provided by this section, before the second regular meeting of the Board of Zoning Appeals following the date said petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals and the time limits imposed by EMC 18.180.040 shall apply. [Ord. G-98-13, passed 7-20-98. 1982 Code § 153.163; 1983 Code § 15.153.163.]
18.180.030 Appeals before the Board of Zoning Appeals.
(A) 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 or staff member under this title;
(2) Any order, requirement, decision or determination made by an administrative board or other body except the Evansville and Vanderburgh County Area Plan Commission in relation to the enforcement of an ordinance requiring the procurement of an improvement location permit or occupancy permit.
(B) An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within such time and in such form as prescribed by the Board of Zoning Appeals by rule.
(C) The administrative official, administrative board, or other body from whom the appeal is taken shall, on the request of the Board of Zoning Appeals, transmit to it all documents, plans, and papers constituting the record of the action from which an appeal was taken.
(D) Upon appeal, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed. For this purpose, the board has all the powers of the official, officer, board, or body from which the appeal was taken.
(E) Within five days, the Board of Zoning Appeals shall file in the office of the board a copy of its decision. [Ord. G-89-17, passed 5-24-89. 1982 Code § 153.165; 1983 Code § 15.153.165.]
18.180.040 Time limits.
(A) The denial of a petition for a variance, special use, or an appeal by the Board of Zoning Appeals or the withdrawal of such a petition by the petitioner shall prohibit the Board of Zoning Appeals from hearing a petition for a variance, special use, or an appeal for the subject property or a part thereof for 12 months from the date of the denial or withdrawal.
(B) An exception may be made to this section upon unanimous vote of the Board of Zoning Appeals. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 30, § 6; 1982 Code § 153.166; 1983 Code § 15.153.166.]
18.180.050 Appeals from board decisions.
A person aggrieved by a decision of the Board of Zoning Appeals may appeal the decision in the manner provided in IC 36-7-4-1000 et seq. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 30, § 5; 1982 Code § 153.167; 1983 Code § 15.153.167.]