§ 155.180 CREATION.

   There is created a Board of Zoning Appeals consisting of five members, who shall be appointed and serve in accordance with I.C. 36-7-4-900.

(Prior Code, § 153.130) (Ord. 93-02, passed 2-1-1993)

§ 155.181 RULES.

   The Board of Zoning Appeals shall adopt rules, which may not conflict with the Zoning Ordinance, nor I.C. 36-7-4-900, concerning:

   (A)   The filing of appeals;

   (B)   The application for variances and special exceptions;

   (C)   The giving of notice;

   (D)   The conduct of hearings; and

   (E)   The determination of whether a variance application is for a variance of use or for a variance from the development standards (such as height, bulk, or area).

(Prior Code, § 153.131) (Ord. 93-02, passed 2-1-1993)

§ 155.182 MINUTES AND RECORDS.

   (A)   The Board of Zoning Appeals shall keep minutes of its proceedings, keep records of its examinations and other official acts, and shall record and vote on all actions taken.

   (B)   All minutes and records shall be filed in the Planning Department and shall be a public record.

(Prior Code, § 153.132) (Ord. 93-02, passed 2-1-1993)

§ 155.183 APPEALS.

   A Board of Zoning Appeals shall hear and determine appeals from and review:

   (A)   Any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under the Zoning Ordinance;

   (B)   Any order, requirement, decision, or determination made by an administrative board or other body, except a plan commission, in relation to the enforcement of the Zoning Ordinance; or

   (C)   Any order, requirement, decision, or determination made by an administrative board or other body, except a plan commission, in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of an improvement location permit or certificate of occupancy.

(Prior Code, § 153.133) (Ord. 93-02, passed 2-1-1993)

§ 155.184 SPECIAL EXCEPTIONS.

   (A)   A Board of Zoning Appeals shall approve or deny all special exceptions from the terms of the Zoning Ordinance, but only in the classes of cases or in the particular situations specified in the Zoning Ordinance. The Board may impose reasonable conditions as a part of its approval.

   (B)   A special exception use shall be approved if, and only if, it is found to meet the following criteria:

      (1)   The proposed use shall not involve any element, or cause any condition, that may be dangerous, injurious, or noxious to any other property or persons;

      (2)   The proposed use shall comply with the performance standards herein;

      (3)   The proposed use shall be sited, oriented, and landscaped so that the relationship of its buildings and grounds to adjacent buildings and properties does not impair health, safety, or comfort, and does not adversely affect values of adjacent properties;

      (4)   The proposed use shall produce a total environment effect which is harmonious with, and not harmful to, the environment of the neighborhood;

      (5)   The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets;

      (6)   In the case of a change in non-conforming use, the proposed use shall be equally appropriate, or more appropriate, to the district than the existing or former non-conforming use; and

      (7)   The proposed use shall promote the objectives of this chapter and the Comprehensive Plan.

(Prior Code, § 153.134) (Ord. 93-02, passed 2-1-1993; Ord. 2013-6, passed 7-1-2013)

§ 155.185 VARIANCES; USE.

   (A)   A Board of Zoning Appeals shall approve or deny variances of use from the terms of the Zoning Ordinance. The Board may impose reasonable conditions as a part of its approval.

   (B)   A variance may be approved under this section only upon a determination in writing that:

      (1)   The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

      (2)   The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

      (3)   The need for the variance arises from some condition peculiar to the property involved;

      (4)   The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and

      (5)   The approval does not interfere substantially with the Comprehensive Plan.

(Prior Code, § 153.135) (Ord. 93-02, passed 2-1-1993)

§ 155.186 VARIANCES; DEVELOPMENTAL STANDARDS.

   (A)   A Board of Zoning Appeals shall approve or deny variances from the developmental standards (such as height, bulk, or area) of the Zoning Ordinance.

   (B)   A variance may be approved under this section only upon a determination in writing that:

      (1)   The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

      (2)   The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and

      (3)   The strict application of the terms of the Zoning Ordinance will result in practical difficulties in the use of the property. However, the Zoning Ordinance may establish a stricter standard than the “practical difficulties” standard prescribed by this chapter.

(Prior Code, § 153.136) (Ord. 93-02, passed 2-1-1993)