Indiana State Code Below we have reprinted the Indiana State Code dealing with variances. This will help a petitioner in understanding what is needed to obtain a variance from the zoning code.		>What's New >Commissioners >Indiana State Code >How to Appeal Ken Mika Building Commissioner 219/838-1080 E-mail Us
IC 36-7-4-918.4 Board of zoning appeals; variance of use Sec. 918.4. ADVISORY.METRO. A board of zoning appeals shall approve or deny variances of use from the terms of the zoning ordinance. The board may impose reasonable conditions as a part of its 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;         (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 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 adopted under the 500 series of this chapter. As added by P.L.357-1983, SEC.13. IC 36-7-4-918.5 Board of zoning appeals; variance from development standards 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. 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. As added by P.L.357-1983, SEC.14. Amended by P.L.54-2002, SEC.6.