2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 4. Local Planning and Zoning › 36-7-4-922. Board of Zoning Appeals; Appeal to Metropolitan Development Commission or Excluded City Legislative Body

Sec. 922. (a) Subsections (b), (c), (d), and (e) do not apply to a board of zoning appeals of an excluded city.
(b) METRO. Either of the following may appeal to the metropolitan development commission the following decisions of a board of zoning appeals:
(1) An official designated by the metropolitan development commission. An official may appeal any decision regarding:
(A) an administrative appeal; or
(B) approving:
(i) a special exception;
(ii) a special or conditional use; or
(iii) a variance from the terms of the zoning ordinance.
(2) A member of the legislative body of the city and county in whose district the parcel of real property under consideration is located. A legislative body member in whose district the parcel of real property under consideration is located may appeal any decision approving, denying, or otherwise concerning a variance of use from the terms of the zoning ordinance that affects only real property located outside the corporate boundaries of an excluded city.
The official or the legislative body member must file in the office of the department of metropolitan development a notice of appeal within five (5) days after the board files a copy of the decision in the office of the board. However, if a representative of the department of metropolitan development or the legislative body member appears at the hearing at which the administrative appeal is decided or the special exception, special or conditional use, or variance is approved or denied, then the official or legislative body member must file the notice of appeal within five (5) days after the board has rendered its decision. The notice must certify that the decision raises a substantial question of zoning policy appropriate for consideration by the commission. The commission shall hear the appeal at its next regular meeting held not less than five (5) days after the notice of appeal is filed.
(c) METRO. In hearing appeals under this section, the metropolitan development commission sits as a board of zoning appeals and shall be treated as if it is a board for purposes of this section. The commission may accept into evidence the written record, if any, of the hearing before the board of zoning appeals, along with other evidence introduced by the staff or interested parties. The commission shall consider the matter de novo, but the decision of the board is considered affirmed unless two-thirds (2/3) of the commission members voting vote to deny the administrative appeal, exception, use, or variance.
(d) METRO. Although persons other than the designated official or legislative body member may not appeal a decision of a board of zoning appeals to the metropolitan development commission, they may appear as interested parties in appeals under this section. No public notice need be given of the hearing of an appeal under this section, but the official or legislative body member shall promptly mail notice of the subject of the appeal and date and place of the hearing to each adverse party. However, if the record of the board shows that more than three (3) proponents or more than three (3) remonstrators appeared, then the official or legislative body member need mail notice only to the first three (3) of each as disclosed by the record.
(e) The metropolitan development commission shall give strong consideration to the first continuance of an appeals hearing held under this section that is filed by a member of the legislative body of the city and county.
(f) METRO. This subsection applies only to decisions of a board of zoning appeals of an excluded city. A member of the legislative body of the excluded city in whose district the parcel of real property under consideration is located may appeal decisions of a board of zoning appeals. The legislative body member must file in the office of the excluded city legislative body a notice of appeal not later than five (5) days after the board files a copy of the decision in the office of the board. However, if the legislative body member appears at the hearing at which the administrative appeal is decided, or the special exception, special or conditional use, or variance is approved or denied, then the legislative body member must file the notice of appeal not later than five (5) days after the board has rendered its decision. The notice must certify that the decision raises a substantial question of zoning policy appropriate for consideration by the legislative body of the excluded city. The legislative body shall hear the appeal at its next regular meeting. In hearing appeals for decisions of the board of zoning appeals of an excluded city, the legislative body of the excluded city sits as the final board of appeals and shall be treated as if it is a board for purposes of this section. The legislative body may accept into evidence the written record, if any, of the hearing before the board of zoning appeals, along with other evidence introduced by the staff or interested parties. The decision of the board is considered affirmed unless two-thirds (2/3) of the legislative body voting vote to deny the administrative appeal, exception, use, or variance.
[Pre-Local Government Recodification Citations: 18-4-8-3 part; 18-7-2-71 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.52; Acts 1982, P.L.212, SEC.7; P.L.357-1983, SEC.19; P.L.320-1995, SEC.14; P.L.88-2014, SEC.3; P.L.161-2021, SEC.11.