§ 154.05. BOARD OF ZONING APPEALS.

(A) Creation, membership and organization.

(1) A Board of Zoning Appeals is hereby established with membership and appointments provided in accordance with I.C. 18-7-4-114. Whenever the word “board” is used in this section it shall be construed to mean the Board of Appeals. The Board of Zoning Appeals shall consist of five members appointed by the Town Board President to serve respectively for the following terms: one for a term of one year; one for a term of two years; one for a term of three years; and one for a term of four years. The terms shall expire on the first day of January of the first, second, third or fourth year, respectively, following their appointment. Thereafter, as the terms expire, each new appointment shall be for a term of four years. All members of the Board shall be residents of Albany, Indiana, and two members shall also be members of the Plan Commission and none of the members shall hold elective or appointive office. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose place has become vacant.

(2) At the first meeting of each year, the Board shall elect a Chairman and a Vice Chairman from among its members and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by the legislative authority.

(3) The Board may adopt such rules and regulations as it may deem necessary to effectuate the provisions of this chapter.

(B) Meetings. All meetings of the Board shall be held at the call of the Chairman or at such times as the Board may determine. All hearings conducted by the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon every question, or if, absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested interpretation, exception or variation and the reasons for recommending or denying same shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record.

(C) Appeal.

(1) An appeal may be taken to the Board by any person or by any officer, department, board or bureau of the town affected by a decision of the Administrative officer. Such appeal shall be taken within such time as shall be prescribed by the Board by general rule, by filing with the Administrative Officer and with the Board a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

(2) The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.

(D) Duties and jurisdiction. The Board of Appeals shall have the following powers, and it shall be its duty to:

(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Administrator in the enforcement of the chapter.

(2) Permit and authorize exceptions to the District regulations only in the classes of cases or in particular situations as specified in the chapter.

(3) Hear and decide on permits for Special Uses, Development Plans or other uses upon which the Board is required to act under the provisions of this chapter.

(4) Authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of the chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.

(E) Miscellaneous. No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than one year unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)