(A) The Board may permit or require the owner of a parcel of property to make written commitment or commitments concerning the use or development of that parcel or may impose conditions upon that grant of variance.
(B) A variance granted by the Board shall run with the land until such time as:
(1) The use for which the variance was granted ceases for a period of one year or more;
(2) Change of ownership of the land on which a USE variance was granted; and
(3) The property conforms to the ordinance as written in both use and development standards.
(C) The Board may approve a variance of use only upon a determination 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;
(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 constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) The approval does not interfere substantially with the Comprehensive Plan adopted under I.C. 36-7-4-500
(D) The Board may approve a variance from development standards only upon a determination 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;
(3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. However, the zoning ordinance may establish a stricter standard than the “practical difficulties” standard.
(Ord. 2001-1478, passed 11-19-2001)