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Indiana Code Title 36. Local Government § 36-7-4-918.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 918.5. (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.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-4-918.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-4-918-5/

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