(A) The Board may grant a variance from the development standards of this chapter (such as height, bulk, area) if, after a public hearing, it makes findings of facts 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 this chapter will result in a practical difficulty in the use of the property. This situation shall not be self-imposed, nor be based on a perceived reduction of, or restriction on, economic gain.
(B) The Board may impose such reasonable conditions upon its approval as it deems necessary to find that the criteria for approval in division (A) above will be served.
(C) The Board may require the owner of the property to make written commitments concerning the use or development of the property as specified under IC 36-7-4-921 and have such commitments recorded in the County Recorder's Office.
(D) A developmental standards variance granted by the Board and executed in a timely manner as described in this section shall run with the parcel until such time as:
(1) The property conforms with the chapter as written; or
(2) The variance is terminated.
(Ord. 2013-02, passed 3-11-13)
Editor’s note:
IC 36-4-7-921 was repealed by P.L.126-2011, Sec. 68.