Morgan Township BZA hears legal guidance on site visits, standing and variances

Morgan Township's Board of Zoning Appeals heard a legal briefing and guidance Oct. 16 on procedures the board should follow for site visits, standing to testify, the legal standard for variances and related enforcement challenges.

The board's special counsel, Jack (special counsel), told members that BZA decisions must be based on the evidence presented in the hearing room, not on independent investigations. "BZA members are supposed to decide the case based upon what happens in the hearing room and the evidence presented and not as a result of an independent investigation," Jack said, adding that improper outside contacts or shared photos or videos can make a member effectively a witness and risk reversal on appeal.

Jack explained why site visits are rare and regulated: the panel may conduct a site visit only after the initial hearing if the board votes to hold a special meeting and advertises it. "If you want your decisions to hold up, that's very important," Jack said, noting site visits add cost and delay and should be publicized and recorded when used. He said applicants should normally provide photographs, site plans or video evidence to establish facts such as drainage or topography instead of relying on board members to gather facts.

Why it mat…