The Board of Zoning Appeals shall hear and approve a request for a variance from the development standards under the zoning and subdivision ordinances, provided that
(A) The use for which the variance is sought is a permitted use in the zoning district in which it is located;
(B) All persons who own or have controlling interest in the property included in the petition have joined in the petition;
(C) The request complies with the requirements under the chapter of the Floodplain Overlay District in this chapter;
(D)
The Board of Zoning Appeals shall have made an affirmative finding for each of the criteria under I.C. 36-7-4-918.5; a practical difficulty should meet the following criteria:
(1) The need for a variance arises from unique conditions on the property and is not shared by neighboring properties in the same zone;
(2) Strict compliance with the standard would unreasonably prevent the landowner from using
the property for a permitted use, or would render conformity necessarily burdensome;
(3) The particular request, or a lesser relaxation of ordinance standard, would provide substantial justice to the landowner and neighbors;
(4) The need for a variance is not the result of a self-created action by the current or any former property owner.
(E) The Board of Zoning Appeals shall have made the following additional findings:
(1) The approval complies substantially with the comprehensive plan;
(2) The approval is not based solely upon financial hardship or mere convenience; and
(3) The approval is in conformance with all other ordinances of the town.
(F) A variance once granted runs with the property no matter who owns the property.
(Ord. 03-05, § 840-05, passed 5-27-2003; Am. Ord. 06-24, passed 12-11-2006; Am. Ord. 2018- 07, passed 3-26-2018; Am. Ord. 2020-10, passed 2-24-2020)