Gas City City Zoning Code

ADVISORY BOARD

OF ZONING APPEALS

§ 151.085 GENERAL.

In accordance with state law, the Mayor, the City Council, and the Advisory Plan Commission shall appoint and organize an Advisory Board of Zoning Appeals, which may adopt rules to govern its procedure. The Advisory Board of Zoning Appeals shall hold meetings, keep minutes, and, pursuant to notice, conduct hearings, compel the attendance of witnesses, take testimony, and render decisions in writing, all as required by law. The cost of any legal advertisement and certified letters shall be borne by the applicant.

(Prior Code, § 36-7-4-600-501) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985)

§ 151.086 APPEALS.

The Advisory Board of Zoning Appeals shall have the power to hear and decide appeals from any order, requirement, decision, grant, or refusal made by the Administrative Officer in the administration of this chapter.

(Prior Code, § 36-7-4-600-502) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985)

§ 151.087 VARIANCES FROM DEVELOPMENT STANDARDS.

(A) The Advisory Board of Zoning Appeals, upon appeal, shall have the power to authorize variances from the development standard requirements of this chapter, and to attach such conditions to such variances as it deems necessary to assure compliance with the purpose of this chapter.

(B) A variance from the development standards may be approved by the Advisory Board of Zoning Appeals 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 in that the variance observes a spirit of this chapter, produces substantial justice, and is not contrary to the public interest;

(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 the unnecessary hardship in the use of the property in that the property has a unique characteristic.

(Prior Code, § 36-7-4-600) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985)

§ 151.088 USE VARIANCE.

(A) The Advisory Board of Zoning Appeals, upon appeal, shall have the power to authorize variances of use from the requirements of this chapter, and to attach such conditions to the variances of use as it deems necessary to assure compliance for the purpose of this chapter.

(B) A use variance may be approved by the Advisory Board of Zoning Appeals only upon the determination in writing that:

(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 shall comply with the performance standards of § 151.090;

(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 will result in the unnecessary hardship in the use of the property in that the property has a unique characteristic; and

(5) The approval does not interfere substantially with the Comprehensive Plan adopted pursuant to I.C. 36-7-4-500 and all acts supplemental and amendatory thereto, including I.C. 36-7-4.

§ 151.089 SPECIAL EXCEPTIONS.

(A) The Advisory Board of Zoning Appeals shall have the power to authorize special exceptions as specified in this chapter.

(B) A special exception may be approved under this section only upon determination in writing that:

(1) A special exception shall be listed as such in § 151.027 for the district requested;

(2) The special exception shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 151.090;

(3) The special exception shall be sited, oriented, and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties;

(4) The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood;

(5) The special exception shall require organized vehicular access and parking to minimize traffic congestion in the neighborhood;

(6) The special exception shall be consistent with the spirit, purpose, and intent of this chapter, and the special exception will substantially serve the public convenience and welfare; and

(7) The special exception for the sale of alcoholic beverages in an eating and/or drinking establishment must be passed upon and approved by the Advisory Board of Zoning Appeals.

§ 151.090 PERFORMANCE STANDARDS.

(A) General. All special exceptions and use variances shall comply with the requirements of this section. In order to determine whether the proposed use will conform to the requirements of this chapter, the Advisory Board of Zoning Appeals may also obtain a qualified consultant to testify, whose costs for services shall be borne by the applicant.

(B) Fire protection. Fire prevention and fighting equipment acceptable to the City Fire Department shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.

(C) Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.

(D) Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.

(E) Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.

(F) Odors. No malodorous gas or matter shall be permitted which is discernable on any adjoining lot or property.

(G) Air pollution. No pollution of air, by fly ash, dust, smoke, vapors, or any other substance shall be permitted which is harmful to health, animals, vegetation, or property.

(H) Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

(I) Erosion. No erosion by wind or water shall be permitted which carries objectionable substances onto neighboring properties.

(J) Water pollution. Water pollution shall be subject to the standards established by the State Stream Pollution Control Board.

§ 151.091 NONCONFORMING USES.

The Advisory Board of Zoning Appeals shall have the power to authorize changes of a lawful nonconforming use as follows.

(A) A nonconforming use which occupies a portion of a structure or premises may be extended within such structure or premises as they existed when the prohibitory provision took effect, but not in violation of the area and yard requirements of the district in which such structures or premises are located. No change of a nonconforming use shall entail structural alterations or any additions other than those required by law for the purpose of safety and health.

(B) The Advisory Board of Zoning Appeals may impose such conditions as it deems necessary for the protection of adjacent property and public interest.

§ 151.092 COMMITMENTS.

In the case of a petition for a special exception, development variance, or use variance from the terms of this chapter, the Advisory Board of Zoning Appeals may permit or require the owner of a parcel of property to make a written commitment concerning use or development of that parcel. Said commitment shall be recorded in the office of the County Recorder and take effect upon the granting of the special exception, development variance, or use variance. A recorded commitment shall be binding on the owner of the parcel, each subsequent owner, and any person acquiring an interest in the parcel of land. A commitment may be modified or terminated by the Advisory Board of Zoning Appeals during a public hearing after notice is given as provided by its rules.

(Prior Code, § 36-7-4-600-508) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985)