BOARD OF ZONING APPEALS

What Does the Board of Zoning Appeals Do?

The powers and duties of the Board of Zoning Appeals are as follows:

1. 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.
2. 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.
3. 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 this article.
4. The board shall make written findings of fact and decisions as provided in this article pursuant to and consistent with the following criteria:
5. To grant a special use, the board shall find that:
             a. 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.
             b. The special uses will not affect the use and value of other property in the
                  immediate area in a substantially adverse manner.
             c. 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.
6. The board may impose conditions as part of its approval to protect the public health, and for reasons of safety, comfort, and convenience.
7. 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:
             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 the zoning ordinance would result in a
                 practical difficulty in the use of the property. 
8. To approve or deny variances of use from the terms of the zoning ordinance, the board shall determine in writing:
             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 the zoning ordinance would 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 county comprehensive
                  plan.
9. 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:
             a. Improperly interpreted any relevant portion of a law, ordinance, or rule; or
             b. Improperly took administrative action pertaining to a relevant law, ordinance, or
                  rule;or
             c. Improperly enforced a relevant law, ordinance, or rule.