§ 153.209 NONCONFORMING VARIANCE.
   The Board of Zoning Appeals may authorize, upon request and in specified cases, a variance from the terms of this chapter. Action is to be determined at a public hearing. At which time the determination will be made that the variance request is not contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. However, noncomforming use variances for uses on unimproved lands, buildings, and buildings and lands in combination are expressly prohibited under I.C. 36-7-918.3.
(Ord. 12-16, passed 8-8-12)