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(A) The Advisory Board of Zoning Appeals, upon appeal, shall have the power to authorize variances of use from the requirements of this chapter, and to attach such conditions to the variances of use as it deems necessary to assure compliance for the purpose of this chapter.
(B) A use variance may be approved by the Advisory Board of Zoning Appeals only upon the determination in writing that:
(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community in that the variance observes a spirit of this chapter, produces substantial justice, and is not contrary to the public interest;
(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 shall comply with the performance standards of § 151.090;
(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 result in the unnecessary hardship in the use of the property in that the property has a unique characteristic; and
(5) The approval does not interfere substantially with the Comprehensive Plan adopted pursuant to I.C. 36-7-4-500 and all acts supplemental and amendatory thereto, including I.C. 36-7-4.
(Prior Code, § 36-7-4-600) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985)
(A) The Advisory Board of Zoning Appeals shall have the power to authorize special exceptions as specified in this chapter.
(B) A special exception may be approved under this section only upon determination in writing that:
(1) A special exception shall be listed as such in § 151.027 for the district requested;
(2) The special exception shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 151.090;
(3) The special exception shall be sited, oriented, and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties;
(4) The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood;
(5) The special exception shall require organized vehicular access and parking to minimize traffic congestion in the neighborhood;
(6) The special exception shall be consistent with the spirit, purpose, and intent of this chapter, and the special exception will substantially serve the public convenience and welfare; and
(7) The special exception for the sale of alcoholic beverages in an eating and/or drinking establishment must be passed upon and approved by the Advisory Board of Zoning Appeals.
(Prior Code, § 36-7-4-600) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985)
(A) General. All special exceptions and use variances shall comply with the requirements of this section. In order to determine whether the proposed use will conform to the requirements of this chapter, the Advisory Board of Zoning Appeals may also obtain a qualified consultant to testify, whose costs for services shall be borne by the applicant.
(B) Fire protection. Fire prevention and fighting equipment acceptable to the City Fire Department shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(C) Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
(D) Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
(E) Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
(F) Odors. No malodorous gas or matter shall be permitted which is discernable on any adjoining lot or property.
(G) Air pollution. No pollution of air, by fly ash, dust, smoke, vapors, or any other substance shall be permitted which is harmful to health, animals, vegetation, or property.
(H) Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
(I) Erosion. No erosion by wind or water shall be permitted which carries objectionable substances onto neighboring properties.
(J) Water pollution. Water pollution shall be subject to the standards established by the State Stream Pollution Control Board.
(Prior Code, § 36-7-4-600) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985) Penalty, see § 151.999
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