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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)
(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)
(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)
(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)
Petitions for variances to the provisions set forth herein may be considered provided any terms and conditions imposed by Natural Resources shall be incorporated into the issuance of any local permit.
(A) The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this chapter; provided the applicant demonstrates that:
(1) There exists a good and sufficient cause for the requested variance;
(2) The strict application of the terms of this chapter will constitute an exceptional hardship to the applicant; and
(3) The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
(B) The Board of Zoning Appeals may issue a variance to the terms and provisions of this chapter subject to the following standards and conditions:
(1) No variance or exception for a residential use within a floodway subject hereto may be granted;
(2) Any variance or exception granted in a floodway subject hereto will require a permit from Natural Resources;
(3) Variances or exceptions to the Building Protection. Standards hereof may be granted only when a new structure is to be located on a lot of half an acre or less in size, contiguous to, and surrounded by, lots with existing structures constructed below the flood protection grade;
(4) Variance or exception may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the State Survey of Historic Architectural, Archaeological, and Cultural Sites, Structures, Districts, and Objects;
(5) All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and
(6) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of excessive flood insurance premiums.
(Prior Code, § 153.137) (Ord. 93-02, passed 2-1-1993)
An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within such time and in, such form as may be prescribed by the Board of Zoning Appeals by rule.
(A) The administrative official, hearing officer, administrative board or other body from whom the appeal is taken shall, on the request of the Board of Zoning Appeals, transmit to it all documents, plans, and papers constituting the record of the action from which an appeal was taken.
(B) Certified copies of the documents, plans, and papers constituting the record may be transmitted for purposes hereof.
(C) Upon appeal, the Board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from. For this purpose, the Board has all the powers of the official, officer, board, or body from which the appeal is taken.
(D) The Board shall make a decision on any matter that it is required to hear under the 900 series either:
(1) At the meeting at which that matter is first presented; or
(2) At the conclusion of the hearing on that matter if it is continued.
(E) Within five days after making any decision, the Board of Zoning Appeals shall file, in the office of the Zoning Administrator, a copy of its decision. If the variance, exception, use, or appeal petitioned for is granted, an improvement location permit may be applied for up to 12 months from the date of approval. An extension of time may be granted by the Zoning Administrator for good and sufficient cause.
(Prior Code, § 153.138) (Ord. 93-02, passed 2-1-1993)
The Board of Zoning Appeals shall fix a reasonable time for the hearing of administrative appeals, exceptions, uses, and variances.
(A) Public notice, in accordance with I.C. 5-3-1-2 and I.C. 5-3-1-4, and due notice to interested parties shall be given at least ten days before the date set for the hearing, if the notification is hand-delivered and signed and dated by the interested party by the ten-day date, or 12 days prior to the hearing, if the notification is certified mailed and post marked by the 12-day date.
(B) The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear in person, by agent, or by attorney.
(C) The Board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice.
(D) The Planning Department staff, if any, may appear before the Board at the hearing and present evidence in support of, or in opposition to, the granting of a variance, or the determination of any other matter.
(E) Other persons may appear and present relevant evidence.
(F) A person may not communicate with any member of the Board before the hearing with intent to influence the member’s action on a matter pending before the Board. Not less than five days before the hearing, however, the staff (as defined in the Zoning Ordinance), if any, may file with the Board a written statement setting forth any facts or opinions relating to the matter.
(G) The Board may require any party adverse to any pending petition to enter a written appearance specifying the party’s name and address. If the written appearance is entered more than four days before the hearing, the Board may also require the petitioner to furnish each adverse party with a copy of the petition and a site plan of the property involved.
(Prior Code, § 153.139) (Ord. 93-02, passed 2-1-1993)
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