In no case shall any variance to the terms of this chapter be authorized without the approval of the Board of Zoning Appeals. Further, no decisions on previous applications shall serve to set a precedent for any other application before the Board. The following procedure shall apply to all variance applications:
(A) Pre-application meeting required. A petition for a variance shall only be filed after the petitioner has met with the Administrative Officer, or his or her designee, to discuss the request.
(B) Application. The applicant shall submit a variance application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information. Supporting information shall include, but not be limited to, the following:
(1) Site plan. A site plan shall be signed and dated. The site plan shall be drawn to scale with the scale clearly indicated and a graphic scale for reference, and/or fully dimensioned to the satisfaction of the Administrative Officer and clearly show the entire layout of the property with all features relevant to the variance request.
(2) Statement of intent. A statement 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 statutory considerations. The statement should include any written commitments being made by the applicant.
(C) Notification. Notification for the scheduled public hearing regarding the variance request shall be completed consistent with § 154.201 of this chapter.
(D) Public hearing. The Board of Zoning Appeals will then, in a public hearing scheduled consistent with the adopted Calendar of Filing and Meeting Dates, review the variance application and required supporting information.
(1) Representation. The applicant and any representative of the applicant must be present at the public hearing to present the petition and address the findings of the Plan Commission.
(2) Testimony. The Board of Zoning Appeals shall consider a report from the Administrative Officer and testimony from the applicant, remonstrators, members of the public and interested parties at the hearing.
(3) Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the Rules and Procedures of the Board of Zoning Appeals.
(4) Possible action. The Board of Zoning Appeals may approve, approve with conditions, deny, or continue the application in accordance with I.C. 36-7-4-918.4.
(a) Approval. The application shall be approved if a determination is made consistent with the decision criteria listed in this section.
(b) Approval with modifications. The application shall be approved with modifications if the Board of Zoning Appeals determines that the requirements of this section may be met if certain conditions are applied to the application. The Board may make reasonable conditions related to the required decision criteria in this section, part of its approval and/or accept written commitments from the applicant.
(c) Denial. The application shall be denied if a determination is made that any requirement of this section has not been met. Applications that are denied shall not be eligible for consideration again by the Board of Zoning Appeals for a period of 12 months from the date of denial.
(d) Continued. The application may be continued by the Board of Zoning Appeals based on a request by the Administrative Officer or applicant; an indecisive vote wherein the item is essentially tabled; or a determination by the Board that additional information is required prior to action being taken on the request.
1. Additional legal notice shall not be required unless specified by the Board of Zoning Appeals.
2. The continuing of all applications shall be consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.
(E) Decision criteria. In taking action on all variance requests, the Board of Zoning Appeals shall use the following decision criteria, consistent with the requirements of the Indiana Code.
(1) Development standards variance. The Board of Zoning Appeals may grant a variance from the development standards of this chapter (such as height, bulk, area, and the like) if, after a public hearing, it makes a determination (consistent with I.C. 36-7-4-918.5), that:
(a) General welfare. The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
(b) Adjacent property. 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
(c) Practical difficulty. 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.
(F) Conditions. The Board of Zoning Appeals may impose such reasonable conditions upon its approval as it deems necessary to find that the decision criteria for approval have been met.
(G) Commitments. The Board of Zoning Appeals may require the owner(s) of the property to make written commitments in recordable form concerning the use or development of the property as specified under I.C. 36-7-4-921. Such commitments shall be recorded in the Hancock County Recorder's Office. A copy of the recorded commitments shall be provided to the Administrative Officer for inclusion in the petition file at the time of application for an improvement location permit. No improvement location permit shall be issued for a permit application which does not comply with the recorded commitments.
(H) Limitation. A development standards variance granted by the Board of Zoning Appeals and executed in a timely manner as described in this subchapter shall run with the parcel until the property complies with this chapter as written.
(I) Successive applications. No variance may be reviewed by the Board of Zoning Appeals for the same cause more than once in any one year period.
(Ord. 121410, passed 1-11-2011; Ord. 111114, passed 11-11-2014)