§ 137-42. Board of zoning appeals.

The board of zoning appeals shall hear and determine the following:

(1)

Any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under this chapter.

(2)

Any order, requirement, decision, or determination made by an administrative board or other body, except a plan commission, in relation to the enforcement of this chapter.

(3)

Any order, requirement, decision, or determination made by an administrative board or other body, except a plan commission, in relation to the enforcement of an ordinance requiring the procurement of an improvement location or occupancy permit.

(4)

Approve or deny variances of use from the terms of this chapter. The board may impose reasonable conditions as part of its approval. A variance may be approved under this section upon a determination in writing that:

a.

The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

b.

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

c.

The need for the variance arises from some condition peculiar to the property involved;

d.

The strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and

e.

The approval does not interfere substantially with the comprehensive plan.

(5)

Approve or deny variances from the development standards, such as height, bulk, or area, of this chapter. A variance may be approved under this section only upon a determination in writing that:

a.

The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

b.

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.

The strict application of the terms of this chapter will result in practical difficulties in the use of the property.

(6)

Approve or deny one-year extensions to allow the continuance of a temporary building for the construction industry which is incidental to erection of buildings.

(7)

Approve or deny all conditional use permit applications, but only in the particular situations as specified in each zoning district. The board may impose additional, but reasonable conditions as part of its approval. A conditional use permit may be approved under this section upon a determination in writing that:

a.

The approval will not be injurious to the public health, safety, morals and general welfare of the community;

b.

The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

c.

Adequate conditions will be stipulated to mitigate any potentially adverse impact of the conditional use permit upon adjacent property;

d.

Adequate measures have been taken to provide proper utilities, drainage, paved access roads, landscape buffering, fencing, leakproof dikes, safety precautions, and to minimize traffic congestion; and

e.

The granting of the conditional use permit is in the best interests of the community.

(Code 1985, § 159.282; Ord. No. 2988, 12-15-1986; Ord. No. 3256, 3-20-1989)

State law reference

Board of zoning appeals; establishment, IC 36-7-4-901.