(A) Upon receipt of an application for an improvement location permit for a variance by the Building Commissioner, it shall be referred to the Plan Commission for investigation as to the manner in which the proposed location and character of the variance will affect the master plan. The Commission shall report the results of its study to the Board of Zoning Appeals within 45 days following receipt of the application. If no such report has been filed with the Board within this time period, the Board may proceed to process the application.
(B) The Board shall then proceed with a hearing on the application in the manner prescribed in § 152.48. Following the hearing, and upon an affirmative finding by the Board that the conditions listed below exist, the Board shall order the Building Commissioner to issue an improvement location permit for the variance.
(1) The variance is consistent with the spirit, purpose, and intent of this chapter; will not substantially and permanently injure the appropriate use of neighboring property; and will serve the public convenience and welfare; and
(2) If the property owner complies with the provisions of this chapter:
(a) He can secure no reasonable return from, or make no reasonable use of, his property;
(b) Hardship results from the application of this chapter to his property;
(c) The hardship of which he complains is suffered by his property directly, and not merely by others;
(d) The hardship is not the result of his own actions; and
(e) The hardship is peculiar to the property of the applicant.
(C) An existing use which is listed herein as a variance, and which is located in a district in which such variance may be permitted, is a conforming use. Any expansion of such variance involving the enlargement of the buildings, structures, and land area devoted to that use shall be considered a variance and subject to the procedure described in this section.
(Ord. 2281, passed 4-2-79) Penalty, see § 152.99
Statutory reference:
Improvement location permits, see IC 36-7-4-800 et seq.
Variances; procedure, see IC 36-7-4-920, 36-7-4-923, and 36-7-4-924