§ 152.295  VARIANCE FROM DEVELOPMENT STANDARDS.
   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)