§ 36-7-4-918.5 — Board of zoning appeals; variance from development standards

Indiana § 36-7-4-918.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

5. (a) A board of zoning appeals shall
approve or deny variances from the development standards (such as
height, bulk, or area) of the zoning ordinance. The board may impose
reasonable conditions as a part of the board's approval. A variance may
be approved under this section only upon a determination in writing
that:
(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; and
(3) the strict application of the terms of the zoning ordinance will
result in practical difficulties in the use of the property. However,
the zoning ordinance may establish a stricter standard than the
"practical difficulties" standard prescribed by this subdivision.
(b) Before approval of a proposal involving a structure regulated
under IC 8-21-10 may become effective, the board of zoning appeals
must have received:
(1) a copy of:
(A) the permit for the structure issued by the Indiana
department of transportation; or
(B) the Determination of No Hazard to Air Navigation issued
by the Federal Aviation Administration; and
(2) evidence that notice was delivered to a public use airport as
required in IC 8-21-10-3 not less than sixty (60) days before the
proposal is considered.
(c) Only the plan commission (or plat committee acting on the
commission's behalf) may grant a waiver from standards that are fixed
in the subdivision control ordinance, as provided in section 702(c) of
this chapter.

Legislative History

As added by P.L.357-1983, SEC.14. Amended by P.L.54-2002, SEC.6; P.L.126-2011, SEC.30.