2017 Indiana Code
TITLE 36. Local Government
ARTICLE 7. PLANNING AND DEVELOPMENT
CHAPTER 4. Local Planning and Zoning
36-7-4-920. Board of zoning appeals, hearing on administrative appeals, exceptions, uses, and variances; notice; appearance

     Sec. 920. (a) The board of zoning appeals shall fix a reasonable time for the hearing of administrative appeals, exceptions, uses, and variances.

     (b) Public notice in accordance with IC 5-3-1-2 and IC 5-3-1-4 and due notice to interested parties shall be given at least ten (10) days before the date set for the hearing.

     (c) The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear in person, by agent, or by attorney.

     (d) The board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.

     (e) The staff (as defined in the zoning ordinance), if any, may appear before the board at the hearing and present evidence in support of or in opposition to the granting of a variance or the determination of any other matter.

     (f) Other persons may appear and present relevant evidence.

     (g) A person may not communicate with any member of the board before the hearing with intent to influence the member's action on a matter pending before the board. Not less than five (5) days before the hearing, however, the staff (as defined in the zoning ordinance), if any, may file with the board a written statement setting forth any facts or opinions relating to the matter.

     (h) The board may require any party adverse to any pending petition to enter a written appearance specifying the party's name and address. If the written appearance is entered more than four (4) days before the hearing, the board may also require the petitioner to furnish each adverse party with a copy of the petition and a plot plan of the property involved.

[Pre-Local Government Recodification Citations: 18-7-2-71 part; 18-7-2-72; 18-7-2-73; 18-7-4-920; 18-7-4-80; 18-7-5-84.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.50; Acts 1982, P.L.212, SEC.6; P.L.357-1983, SEC.17.