The BZA's duties fall into three categories:
- granting of variances (development standard or use),
- granting of special exceptions; and
- handling of Administrative Appeals.
Variances
"... Most of the BZA’s efforts are devoted to hearing variance requests, but the BZA is under no obligation to grant those variance requests. The board is under an obligation to hear the request and then make a decision based on their findings.
Variances can sometimes significantly change the character of an area, and should be carefully considered..."
"See IC 36-7-4-918.4 for Use Variances and IC 36-7-4-918.5 for Variances from Development Standards. Both sections state that the BZA shall approve or deny variances and may impose reasonable conditions as a part of its approval."
"...variances of developmental standards and use variances may be approved only upon a determination in writing (findings of fact) that the petition meets all of the required legal criteria.
Special Exceptions
"After variances, the second most common BZA activity is to hear special exception requests. Special exceptions may also be referred to as special uses, contingent uses, and conditional uses. IC 36-7-4-918.2 states that a board of zoning appeals shall approve or deny special exceptions, “from the terms of the zoning ordinance, but only in the classes of cases or in the particular situations specified in the zoning ordinance. The board may impose reasonable conditions as a part of its approval.” Note that the BZA may also require written commitments." - INDIANA CITIZEN PLANNER’S GUIDE, The Indiana Planning Association,
Appeals from Administrative Decisions
According to IC 36-7-4-918.1, the BZA shall review appeals from any order, requirement, decision, or determination made by
* an administrative official, hearing officer, or staff member under the zoning ordinance;
* an administrative board or other body (except a plan commission) in relation to the enforcement of the zoning ordinance; or
* an administrative board or other body (except a plan commission) in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of an improvement location or occupancy permit.
Board Members
The Board is governed by its adopted rules and procedures.
