§ 36-7-4-922 — Board of zoning appeals; appeal to metropolitan development commission or excluded city legislative body

(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.