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Governor Eric J. Holcomb
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Variances

Two types of variances may be granted, a Use and Development Standard variance. The Board of Zoning Appeals (BZA) makes decisions on all variances during a public hearing. The board makes their decisions after considering information presented to them during the hearing and then votes on whether an application meets the state-determined ‘findings of fact’. For the Board to approve an application, the Board must find all findings in favor of the applicant. Failure to meet any of the findings will result in an application being denied. Findings of Fact are explained below.

Applications are processed at the Noble County Plan Commission Office. Applicants should apply a minimum of 28 days before the next available BZA meeting and before 2:00 p.m. Monday - Friday. All materials must be provided at the time of application to consider the application complete. Failure to do so will result in your application being moved to a later date, with no exceptions.

Required Application Documents:

  • Completed Findings of Fact (as defined below).
  • Detailed to-scale site plan of the property involved.
    • Applications involving new buildings must include all existing structures and proposed new structures along with distances to all property lines.
  • New structures shall include; Size, dimensions, square footage, height, and plans.

Use Variance Findings of Fact

  1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community. (Consider whether granting the variance will hurt or potentially cause harm to 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. (Consider whether the neighboring property(s) will suffer any negative impacts. What impacts can the neighbors realistically expect?)
  3. The need for the variance arises from some condition peculiar to the property involved. (Consider whether there is some unique problem with the site that makes it unable to meet ordinance standards and what is it?)
  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. (see the definition for "hardship" below).
  5. The approval doesn't interfere substantially with the comprehensive plan. (Consider whether there are any major conflicts with the comprehensive plan; describe what they are).

Development Variance Findings of Fact

  1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community. (Consider whether granting the variance will hurt or potentially cause harm to the city or county — why or why not, and what harm can befall them?)
  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. (Consider whether neighboring property will suffer any major negative impacts — what impacts can the neighbors realistically expect?)
  3. The strict application of the terms of the zoning ordinance will result in *practical difficulties in the use of the property. (Consider what difficulties the owner would have developing the property according to the zoning ordinance standards — remember, higher cost is not an adequate justification for a variance).

What is a "hardship" or "practical difficulty"?  The Noble County UDO defines both as:

A difficulty with regard to one’s ability to improve land stems from the application of the development standards of this Unified Development Ordinance, which may or may not be subject to relief through a variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered hardships. Self-imposed situations include the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this Unified Development Ordinance; any result of land division requiring variance from the development standards of this Unified Development Ordinance to render that site buildable.

Another example: Practical difficulty may be found if the property in question cannot be put to a reasonable use under conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property and not created by the landowner; and the variance will not alter the essential character of the locality. Lawinsider.com/dictionary/practical-difficulty. 

For a complete review of the Variance procedures, you may review Article 9 in the UDO.

Download the UDO

Letter of Authorization Form

If a Landowner is unable to file a petition or attend a meeting regarding their legal property, the Letter of Authorization for an authorized agent (e.g. the petitioner's attorney, surveyor, a relative, or trusted associate) may be signed, notarized and returned to the Plan Commission Office at the time of application.

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