Board of Zoning Appeals (BZA)
§153.60 (A)
In accordance with State law, the Mayor shall appoint and organize a Board of Zoning Appeals, which Board shall adopt rules to govern its procedure. The Board shall hold meetings, keep minutes and, pursuant to notice, shall conduct hearings, compel the attendance of witnesses, take testimony, and render decisions in writing, all as required by law. A fee shall be charged for any appeal or proceeding filed with the Board in accordance with a schedule of fees established by the Board. ('76 Code, App. B, §501)
Members
- Debbie Smith - President
- Carol Walker
- Larry Hobbs
Responsibilities
(B) The Board shall have the power to hear and decide appeals from any order, requirement, decision, grant, or refusal made by the Building Commissioner in the administration of this chapter.
(Prior Code, § 153.60) (Ord. 907, passed 9-15-1969)
(A) The Board, upon appeal, shall have the power to authorize variances from the requirements of this chapter and to attach such conditions to the variances as it deems necessary to assure compliance with the purpose of this chapter.
(B) A variance may be permitted if all the following requirements are met:
(1) Literal enforcement of the chapter would result in an unnecessary hardship with respect to the property;
(2) Such unnecessary hardship results because of unique characteristics of the property; and
(3) The variance observes the spirit of this chapter, produces substantial justice, and is not contrary to the public interest.
(Prior Code, § 153.61) (Ord. 907, passed 9-15-1969)
§ 155.51 SPECIAL EXCEPTIONS; REQUIREMENTS.
(A) The Board shall have the power to authorize special exceptions if the following requirements are met.
(1) The special exception shall be listed as such in §
155.18 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 division (B) below.
(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 organize vehicular access and parking to minimize traffic congestion in the neighborhood.
(6) The special exception shall preserve the purpose of this chapter.
(B) All special exceptions shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board may also obtain a qualified consultant to testify whose cost for services shall be borne by the applicant.
(1) Fire protection. Fire prevention and fighting equipment acceptable to the Fire Department of the city shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(2) Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
(3) 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.
(4) Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
(5) Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
(6) Air pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation, or property.
(7) Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
(8) Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
(9) Water pollution. Water pollution shall be subject to the standards established by the State Stream Pollution Control Board.
(Ord. 907, passed 9-15-1969)
§ 155.52 AUTHORIZATION OF NONCONFORMING USES.
The Board shall have the power to authorize changes of lawful nonconforming uses 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 Board may impose such conditions as it deems necessary for the protection of adjacent property and the public interest.
(Prior Code, § 153.64) (Ord. 907, passed 9-15-1969)
Further information can be found within the City Code of Ordinances / Land Usage
§ 30.06 DEPARTMENT OF PLANNING, ZONING AND BUILDING INSPECTIONS.
There is hereby established a Department of Planning and Building Inspection which shall include the Advisory Plan Commission and Board of Zoning Appeals pursuant to I.C. 36-7-4.
(A) Position of Building Commissioner established. The head of the Department of Planning, Zoning, and Building Inspections shall be the Building Commissioner. The Building Commissioner shall be appointed by the Mayor and shall serve at their pleasure. The Building Commissioner shall be responsible for the administration of the Department and shall be responsible for the efficient operation thereof.
(B) The Building Commissioner shall oversee all planning and zoning filings submitted with the City, create the agendas for and attend the Plan Commission and Board of Zoning Appeals meetings. .
- Division of Building Standards.
(1) Establishment of Division of Building Standards. There is established within the Planning Department a division of Building Standards.
(2) Duties of the Division of Building Standards. The Division of Building Standards shall perform all duties imposed by state statute or local ordinance in the area of building code enforcement and supervising all demolitions performed within the city. The Division of Building Standards shall perform such other duties as prescribed by the Director, Common Council, the Mayor, or the Board of Public Works and Safety. The duties of the Division of Building Standards include, but are not limited to, primary enforcement responsibilities for all building and electrical codes prescribed by state law or local ordinance, administration and enforcement of local ordinances pertaining to building or electrical licensing and permits, installation and maintenance of electrical equipment and service in municipally owned facilities where feasible.
