(A)   The Board of Zoning Appeals shall approve or deny variances from the development standards (such as height, bulk, or area) of this zoning chapter. Conditions may be imposed as a part of the approval of the variance.

   (B)   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 this chapter will result in practical difficulties in the use of the property.

(Ord. 23, § 4.20.60, passed 3-19-1997)

   (A)   The Board of Zoning Appeals shall hear, deliberate, and forward a recommendation to the Town Council regarding use variances pursuant to § 156.358 of this code. Conditions may be imposed as part of the approval of the use variance. The Board of Zoning Appeals shall make a written recommendation to the Town Council.

   (B)   The Board of Zoning Appeals may forward a favorable recommendation 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;

      (3)   The need for the variance arises from some conditions peculiar to the property involved;

      (4)   The strict application of the terms of this chapter will 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 Comprehensive Plan.

(Ord. 23, § 4.20.70, passed 3-19-1997)

   (A)   The Board of Zoning Appeals shall hear, deliberate, and forward a recommendation to the Town Council regarding special exceptions pursuant to § 156.358 of this code. Conditions may be imposed as part of the approval of the special exception. The Board of Zoning Appeals shall make a written recommendation to the Town Council.

   (B)   The Board of Zoning Appeals may forward a favorable recommendation 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;

      (3)   The need for the variance arises from some conditions peculiar to the property involved;

      (4)   The strict application of the terms of this chapter will 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 Comprehensive Plan.

(Ord. 23, § 4.20.80, passed 3-19-1997)

   (A)   The Board of Zoning Appeals shall submit any of the following petitions to the legislative body for approval or disapproval:

      (1)   Special exceptions;

      (2)   Special uses; and

      (3)   Use variances.

   (B)   The Board of Zoning Appeals shall file a petition under this section with the Clerk-Treasurer with:

      (1)   A favorable recommendation;

      (2)   An unfavorable recommendation; or

      (3)   No recommendation.

   (C)   The Town Council shall give notice under I.C. 5-14-1.5-5 of its intention to consider the petition at its first regular meeting after the Board of Zoning Appeals files its recommendation.

   (D)   (1)   The Town Council shall vote to grant or deny the petition within 90 days after the Board of Zoning Appeals makes its recommendation to the Council.

      (2)   If the Town Council does not vote to deny the petition within 90 days, the petition is approved.

   (E)   If the Town Council approves a petition, it must make the determination in writing as required under §§ 156.356 or 156.357 of this code, as applicable. The Council may adopt the written determination of the Board of Zoning Appeals.

(Ord. 23, § 4.20.90, passed 3-19-1997)

   (A)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      VARIANCE. Includes VARIANCES, use variances, and special exceptions.

   (B)   A nonconforming use of neighboring lands, buildings, or structures in the same zoning district, and a permitted use of lands, buildings, or structures in other zoning districts shall not be considered grounds for approval of a variance. Any other variance granted in the same general area shall not constitute grounds for approval of another similar variance.

   (C)   The variance will be the minimum variance that will make possible a reasonable use of the land, building, or structure, equivalent to but not exceeding the use of similar lands, buildings, or structures permitted generally in the same zoning district.

(Ord. 23, § 4.20.100, passed 3-19-1997; Am. Ord. 93, passed 7-17-2001; Am. Ord. 210-A, passed 12-10-2015)

   (A)   Appeals to the Board.

      (1)   An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within ten days from the date of the action appealed from. In the event appeal is not taken as specified herein, the right of appeal shall be terminated.

      (2)   The administrative official or other body from whom the appeal is taken shall, on the request of the Board of Zoning Appeals, transmit all documents, plans, and papers constituting the record of the action from which an appeal was taken.

      (3)   Upon appeal, the Board of Zoning Appeals may reverse, affirm, or modify the order, determination, requirement, or decision appealed. For this purpose, the Board of Zoning Appeals has all the powers of the official, officer, board, or body from whom the appeal is taken.

      (4)   The Board of Zoning Appeals shall make a decision on any matter that it is required to hear, as specified in §§ 156.340 through 156.344 and 156.355 through 156.360 of this code, either:

         (a)   At the meeting at which the matter is first presented; or

         (b)   At the conclusion of the hearing on that matter, if it is continued.

      (5)   The Board of Zoning Appeals shall file in the office of the Board of Zoning Appeals, a copy of its decision, within five days after making any decision.

   (B)   Appeals to court. Each decision of the Board of Zoning Appeals and/or Town Council under §§ 156.340 through 156.344 and 156.355 through 156.360 of this code is subject to review by certiorari. Each person aggrieved by a decision of the Board of Zoning Appeals may present to the circuit or superior court of the county, a verified petition setting forth that the decision is illegal in whole or in part, and specifying the grounds of the illegality. The aggrieved person shall present the petition to the court within 30 days after the date of that decision.

(Ord. 23, §§ 4.20.110 and 4.20.120, passed 3-19-1997)