§ 155.162 VARIANCE PROCESS.

   The following procedure shall apply to all variance petitions.

   (A)   Application. The petitioner shall submit a variance application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to the following:

      (1)   A site plan drawn with a straight edge, signed, and dated, clearly showing the entire layout of the property and all features relevant to the variance request.

      (2)   A letter of intent to the Board of Zoning Appeals describing the details of the variance being requested and stating how the request is consistent with the required findings of fact described by §§ 155.130 through 155.142. The letter should include any written commitments being made by the petitioner.

      (3)   A letter from the County Board of Health indicating that the variance will not negatively affect the operation of a septic system, if applicable.

   (B)   Notification. Notification for the scheduled public hearing regarding the variance request shall be completed consistent with the Indiana Code and the rules and procedures of the Board of Zoning Appeals.

   (C)   Public hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the variance application and required supportive information.

      (1)   Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address the required findings of fact.

      (2)   The Board shall consider a report from the Planning Director, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

      (3)   The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the Board.

      (4)   The BZA may approve, approve with conditions, deny, or table the petition.

         (a)   The petition shall be approved if findings of fact are made consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code.

         (b)   The petition shall be approved with modifications if the Board of Zoning Appeals determines that the required findings of fact may be made if certain conditions are applied to the petition. The Board may make reasonable conditions related to the required findings of fact part of its approval or accept written commitments from the petitioner.

         (c)   The petition shall be denied if findings of fact consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code are not made. Petitions which are denied shall not be eligible for consideration again by the Board for a period of one year from the date of denial.

         (d)   The petition shall be tabled consistent with the adopted rules and procedures of the Board of Zoning Appeals.

(Ord. 2013-02, passed 3-11-13)