Board of Zoning Appeals (BZA)
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Members:
All appointments are for one year with terms ending December 31, 2020. Marcia Dorsey, Mike Garrett, and Julie Weaver (appointed by the Common Council) Rick Greenfield and Kathy Arsenault (appointed by the Metropolitan Plan Commission) Meetings: Meetings are held on the first Wednesday of the month at 1:00pm in the City Hall Council Chambers. Meetings will be canceled with advance notice when there are no petitioners scheduled to be heard. |
BEECH GROVE BOARD OF ZONING APPEALS ORDINANCES:
§ 35.060 ESTABLISHMENT.
There is established a Board of Zoning Appeals pursuant to IC 36-7-4-900 et seq.
('67 Code, § 32.05) (Ord. 24-1969, passed 12-15-69; Am. Ord. 2-83, passed 7-18-83)
§ 35.061 MEMBERS.
The Board of Zoning Appeals shall be composed of five members, all of whom shall be residents of the city, and none of whom shall hold other elective or appointed office in the city or in the county. Of the original five members, three shall be appointed by the Common Council, and two members shall be appointed by the Metropolitan Plan Commission and may, but need not be, a member of the Commission. All members shall be appointed for a term of one year each. The terms of these members shall extend from January 1, to December 31 of each year so appointed.
('67 Code, § 32.06) (Ord. 24-1969, passed 12-15-69)
§ 35.062 OFFICERS.
At the first meeting of each year, the Board of Zoning Appeals shall elect a Chairman and a Vice-Chairman from among its members, and it may appoint and fix the compensation of the secretary.
('67 Code, § 32.07) (Ord. 24-1969, passed 12-15-69)
§ 35.063 RULES OF PROCEDURE.
(A) The Board of Zoning Appeals shall adopt the rules of procedure of the Metropolitan Board of Zoning Appeals of Marion County, Indiana, as they are adopted and amended from time to time by the Metropolitan Development Commission of Marion County, Indiana.
(B) The Board of Zoning Appeals shall conduct all hearings, business, and activities in compliance with the rules of procedure of the Metropolitan Board of Zoning Appeals of Marion County, Indiana, as those rules are now existing and as those rules may be amended from time to time in the future by the Metropolitan Development Commission of Marion County, Indiana.
(C) However, all hearings, business, and activities of the Board of Zoning Appeals shall be conducted within the geographical limits of the city, unless the business and activities shall by necessity and upon majority vote of the Board be connected at some other location.
('67 Code, § 32.08) (Ord. 24-1969, passed 12-15-69; Am. Ord. 5-1991, passed 8-19-91)
§ 35.064 PUBLIC MEETINGS.
(A) All meetings of the Board of Zoning Appeals shall be open to the public. The Board shall keep minutes of its proceedings, keep records of examination and other public actions, prepare findings and record the vote on all actions taken.
(B) All minutes and records shall be filed in the office of the Board and shall be public records.
('67 Code, § 32.09) (Ord. 24-1969, passed 12-15-69)
§ 35.065 APPEALS; REVIEW.
(A) Any decisions of the Building Inspector made in enforcement of the ordinances of the city, or the ordinances of the County Council or its successor, may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by the decision, in accordance with IC 36-7-4-918.1, 36-7-4-919, and 36-7-4-920.
('67 Code, § 32.10)
(B) Every decision of the Board shall be subject to review by certiorari or otherwise as prescribed in IC 36-7-4-1003.
('67 Code, § 32.12)
(Ord. 24-1969, passed 12-15-69)
§ 35.066 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers and it shall be its duty to:
(A) Determine appeals from and review any order, requirement, decision, or determination made by an administrator or official charged with the enforcement of any zoning ordinance or regulation or any ordinance requiring the procurement of an improvement location or occupancy permit adopted pursuant to the provisions of any state statute applicable.
(1) The appeal shall specify the ground thereof and shall be filed within such time and in such form as may be prescribed by the Board under its general rules.
(2) The administrative official for whom the appeal is taken, shall upon request of the Board of Zoning Appeals, transmit to it all documents, plans, and papers or certified copies thereof constituting the record of the action for which an appeal is taken.
(B) Decide special exceptions to the terms of any zoning ordinance adopted pursuant to the provisions of the enabling acts of the state legislature under which this Board of Zoning Appeals was created where any such ordinance authorized the Board to permit exceptions.
(C) Grant or deny variances of use, height, bulk, and area from the terms of any zoning ordinance adopted pursuant to any state statute applicable to the Board.
(D) In exercising its powers, the Board may reverse or confirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be done to premises and to that end, shall have all of the powers of the officer or board for whom the appeal is taken.
(E) Hear and determine appeals in the manner prescribed in Indiana Acts of 1981, P.L. 309, § 23, as amended.
('67 Code, § 32.11) (Ord. 5-1991, passed 8-19-91)
§ 35.060 ESTABLISHMENT.
There is established a Board of Zoning Appeals pursuant to IC 36-7-4-900 et seq.
('67 Code, § 32.05) (Ord. 24-1969, passed 12-15-69; Am. Ord. 2-83, passed 7-18-83)
§ 35.061 MEMBERS.
The Board of Zoning Appeals shall be composed of five members, all of whom shall be residents of the city, and none of whom shall hold other elective or appointed office in the city or in the county. Of the original five members, three shall be appointed by the Common Council, and two members shall be appointed by the Metropolitan Plan Commission and may, but need not be, a member of the Commission. All members shall be appointed for a term of one year each. The terms of these members shall extend from January 1, to December 31 of each year so appointed.
('67 Code, § 32.06) (Ord. 24-1969, passed 12-15-69)
§ 35.062 OFFICERS.
At the first meeting of each year, the Board of Zoning Appeals shall elect a Chairman and a Vice-Chairman from among its members, and it may appoint and fix the compensation of the secretary.
('67 Code, § 32.07) (Ord. 24-1969, passed 12-15-69)
§ 35.063 RULES OF PROCEDURE.
(A) The Board of Zoning Appeals shall adopt the rules of procedure of the Metropolitan Board of Zoning Appeals of Marion County, Indiana, as they are adopted and amended from time to time by the Metropolitan Development Commission of Marion County, Indiana.
(B) The Board of Zoning Appeals shall conduct all hearings, business, and activities in compliance with the rules of procedure of the Metropolitan Board of Zoning Appeals of Marion County, Indiana, as those rules are now existing and as those rules may be amended from time to time in the future by the Metropolitan Development Commission of Marion County, Indiana.
(C) However, all hearings, business, and activities of the Board of Zoning Appeals shall be conducted within the geographical limits of the city, unless the business and activities shall by necessity and upon majority vote of the Board be connected at some other location.
('67 Code, § 32.08) (Ord. 24-1969, passed 12-15-69; Am. Ord. 5-1991, passed 8-19-91)
§ 35.064 PUBLIC MEETINGS.
(A) All meetings of the Board of Zoning Appeals shall be open to the public. The Board shall keep minutes of its proceedings, keep records of examination and other public actions, prepare findings and record the vote on all actions taken.
(B) All minutes and records shall be filed in the office of the Board and shall be public records.
('67 Code, § 32.09) (Ord. 24-1969, passed 12-15-69)
§ 35.065 APPEALS; REVIEW.
(A) Any decisions of the Building Inspector made in enforcement of the ordinances of the city, or the ordinances of the County Council or its successor, may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by the decision, in accordance with IC 36-7-4-918.1, 36-7-4-919, and 36-7-4-920.
('67 Code, § 32.10)
(B) Every decision of the Board shall be subject to review by certiorari or otherwise as prescribed in IC 36-7-4-1003.
('67 Code, § 32.12)
(Ord. 24-1969, passed 12-15-69)
§ 35.066 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers and it shall be its duty to:
(A) Determine appeals from and review any order, requirement, decision, or determination made by an administrator or official charged with the enforcement of any zoning ordinance or regulation or any ordinance requiring the procurement of an improvement location or occupancy permit adopted pursuant to the provisions of any state statute applicable.
(1) The appeal shall specify the ground thereof and shall be filed within such time and in such form as may be prescribed by the Board under its general rules.
(2) The administrative official for whom the appeal is taken, shall upon request of the Board of Zoning Appeals, transmit to it all documents, plans, and papers or certified copies thereof constituting the record of the action for which an appeal is taken.
(B) Decide special exceptions to the terms of any zoning ordinance adopted pursuant to the provisions of the enabling acts of the state legislature under which this Board of Zoning Appeals was created where any such ordinance authorized the Board to permit exceptions.
(C) Grant or deny variances of use, height, bulk, and area from the terms of any zoning ordinance adopted pursuant to any state statute applicable to the Board.
(D) In exercising its powers, the Board may reverse or confirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be done to premises and to that end, shall have all of the powers of the officer or board for whom the appeal is taken.
(E) Hear and determine appeals in the manner prescribed in Indiana Acts of 1981, P.L. 309, § 23, as amended.
('67 Code, § 32.11) (Ord. 5-1991, passed 8-19-91)