(A) The Board of Zoning Appeals may authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. No non conforming use on neighboring land, structures, or buildings in the same district and no permitted or nonconforming use of land, structure or buildings in other districts shall be grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this chapter would result in unnecessary hardship.
(B) A variance from the terms of this chapter shall not be granted by the Board of Zoning Appeals unless and until a written application for the variance is submitted to the Zoning Administrator and the Board of Zoning Appeals containing:
(1) Name, address, and phone number of applicant(s);
(2) Legal description of the property;
(3) Description of nature of variance requested;
(4) Public notice is given in accordance with subsection (D) below.
(C) A use variance in accordance with IC 36-7-4-918.4 shall not be granted unless the Board makes specific findings of facts based directly on the particular evidence presented to it, which supports the conclusion that all of the standards and conditions imposed by the following have been met by the applicant(s):
(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 chapter 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 this chapter.
(6) An area variance needs only to meet the requirements of subsections (C)(1), (2) and (5) above.
(D) Before holding the public hearing, notice of such hearing shall be given in the local newspaper of general circulation of the city at least ten days before the date of said hearing. The notice shall set forth the date, time and location of the public hearing, and the nature of the proposed appeal or variance.
(E) The applicant shall pay the cost for all publication for an appeal or variance.
(F) Before holding the public hearing, written notice of such hearing shall be mailed to all adjoining property owners by first-class mail at least five days before the hearing. This notice shall contain the same information as required of the notice published in the local newspaper.
(G) Within ten days after the public hearing, written notice shall be sent to the applicant stating that the variance or appeal has been approved, approved with supplementary conditions, or disapproved. If the appeal or variance is disapproved, the Board of Zoning Appeals shall state the reason for the denial.
(H) No variance shall be granted in an R-1 or R-3 District allowing alcoholic beverages to be sold or served on any premise.
(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999