In cases where strict compliance with the terms of this title would result in unreasonable hardship and practical difficulty, the Zoning Board of Appeals may authorize a variance in height, lot area, and/or yard regulations. The Zoning Board of Appeals may act only in a manner so as to grant relief without substantial injury to the public health, safety, and general welfare.
A. Initiation Of Variance Approval: Any person, firm, or corporation owning land, options to purchase land, or contract for purchase of land in the County's unincorporated jurisdiction may apply for a variance.
B. Preapplication Conference: A preapplication conference, as specified in section 8-14-2-1, "Preapplication Conference", of this chapter, is optional.
C. Processing:
1. The Zoning Officer shall forward a copy of such application to the Director, Zoning Board of Appeals, and other County and governmental review agencies, as deemed appropriate.
2. The Zoning Officer shall schedule a public hearing by the Zoning Board of Appeals, to be held within ninety (90) days of receipt of a complete application.
D. Department Review: The department shall review the variance application and provide a written analysis to the Zoning Board of Appeals.
E. Public Hearing:
1. The applicant shall publish notification of the public hearing. The applicant shall provide direct mail notification to property owners and abutting property owners. Both actions shall be in accordance with subsections 8-14-2-5A and B of this chapter, fifteen (15) to thirty (30) days before the date of the public hearing before the Zoning Board of Appeals.
2. The Zoning Board of Appeals shall conduct a public hearing on the proposed variance in accordance with section 8-14-2-6, "Public Hearings", of this chapter.
3. The Zoning Board of Appeals may table and continue the hearing to later special or regularly scheduled meetings. It may also request the applicant to provide additional information regarding the variance request.
F. Decision Of The Zoning Board Of Appeals: After closure of the public hearing, the Zoning Board of Appeals shall approve, approve with conditions, or deny the variance. The concurring vote of three (3) members of the Zoning Board of Appeals is required to approve the variance or approve the variance with conditions.
1. The Zoning Board of Appeals shall not vary the regulations of this title unless it shall make findings based on the evidence presented to it in each specific case that:
a. The plight of the owner is due to unique circumstances.
b. The variation, if granted, will not alter the essential character of the locality.
2. For the purpose of implementing the above rules, the Zoning Board of Appeals shall also, in making its determination, establish whether there are practical difficulties or particular hardships and take into consideration the extent to which the following facts favorable to the applicant have been established by evidence:
a. The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship on the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
b. The conditions on which the petition for a variance is based would not be applicable, generally, to other property within the same zoning district classification.
c. The purpose of the variance is not based exclusively on a desire to make more money out of the property.
d. The alleged difficulty or hardship has not been created by the owner of the property or by a previous owner.
e. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
f. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
3. The Zoning Board of Appeals may impose on the permit certain conditions and restrictions on the premises benefited by a variance as may be necessary to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and better carry out the general intent of this title.
G. Effect:
1. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six (6) months from the date of such order, unless the building permit or any other permit required within such period and erection or alteration is started, or the use is commenced within such period.
2. Once the use has begun in a lawful manner, the variance shall apply to all current and future owners of the property, provided that all conditions imposed by the Zoning Board of Appeals on the variance continue to be met. (Ord. 10-001, 1-12-2010)