South Board of Zoning Appeals

The Hamilton Plan Commission logo
  1. Meeting Dates
  2. Agendas & Minutes
When Does the South Board of Zoning Appeals Meet?
The Board of Zoning Appeals meets the fourth Wednesday of each month in the Commissioners Courtroom on the 1st floor of the Hamilton County Government and Judicial Center
Who Is the South Board of Zoning Appeals Made Up Of?
The South Board of Zoning Appeals composition is determined by the following:

1) The county advisory board of zoning appeals shall consist of two divisions, which divisions shall be designated, for identification purposes, as follows:
a. The county advisory board of zoning appeals (North), which division shall have exclusive territorial jurisdiction over all matters properly before the board from White River and Adams Townships in Hamilton County, Indiana; and

b. The county advisory board of zoning appeals (South), which division shall have exclusive territorial jurisdiction over all matters properly before the board from all other areas of Hamilton County, Indiana, (except White River and Adams Townships) subject to the zoning ordinance.

2) Each division of the county advisory board of zoning appeals, as herein above provided, shall consist of five members.

3) The members of each division of the county advisory board of zoning appeals shall be initially appointed pursuant to state law to staggered terms: one member for a three-year term; two members for a two-year term; and two members for a one-year term; and thereafter, each member shall serve for a four-year term.

Each member shall reside in the geographic area under the jurisdiction of the division of the county advisory board of zoning appeals to which he is appointed.


4) Each appointing authority shall appoint one alternative member for each specific appointed regular member who shall be available to replace the regular member should the regular member become unavailable to attend a meeting.

5) The members of each division of the county advisory board of zoning appeals shall be initially appointed and serve for the following primary terms:
a. The board of county commissioners shall appoint a citizen member of the county plan commission who shall serve a term of one year.

b. The board of county commissioners shall appoint a citizen member (not a member of the county plan commission) who shall serve a term of two years.

c. The county plan commission shall appoint a citizen member from its own membership who shall serve a term of three years.

d. The county council shall appoint a citizen member (not a member of the county plan commission) who shall serve a term of four years.

e. The board of county commissioners shall appoint a citizen member (not a member of the county plan commission) who shall serve a term of four years.
What Does the Board of Zoning Appeals Do?
The powers and duties of the Board of Zoning Appeals are as follows:

1) The board:
a. Shall hear and determine appeals from and review any order, requirement, decision or determination made by the plan director, a staff member or administrative board designated by ordinance, other than the plan commission, made in the enforcement of the zoning ordinance or the issuance of building and occupancy permits under IC tit. 36, art. 7.

b. May reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises and to that end shall have all the powers vested in the person or board from whom the appeal is taken.

c. Shall hear, and approve or deny, all special uses as specified in the zoning ordinance. A special use may be approved under this section only upon a written determination as provided in sections 2 and 3 under [paragraph] B of this article.

2) The board shall make written findings of fact and decisions as provided in sections 2 and 3 under [paragraph] B of this article pursuant to and consistent with the following criteria:
a. To grant a special use, the board shall find that:
  1. The establishment, maintenance, or operation of the special uses will not be injurious to the public health, safety, morals, or general welfare of the community;
  2. The special uses will not affect the use and value of other property in the immediate area in a substantially adverse manner;
  3. The establishment of the special uses will be consistent with the character of the district (particularly that area immediately adjacent to the special uses) and the land use permitted therein.
The board may impose conditions as part of its approval to protect the public health, and for reasons of safety, comfort and convenience.
b. To approve or deny a variance from the development standards, as defined in the district regulations of the zoning ordinance, the board shall determine 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 would result in an unnecessary hardship in the use of the property.
c. To approve or deny variances of use from the terms of the zoning ordinance, the board shall determine in writing:
  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 zoning ordinance would 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 county comprehensive plan.
d. To reverse or modify, in whole or in part, an order, requirement, decision or determination of the plan director, staff member or administrative board (other than the plan commission), the board shall find that the plan director, staff member or administrative board:
  1. Improperly interpreted any relevant portion of a law, ordinance or rule; or
  2. Improperly took administrative action pertaining to a relevant law, ordinance or rule; or
  3. Improperly enforced a relevant law, ordinance or rule.