Delaware County, Indiana

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HARDSHIP

PROOF FOR A VARIANCE. It shall be incumbent upon an applicant to conclusively prove at the public hearing that, if compelled to meet the provisions of this Ordinance, the applicant cannot secure reasonable use of the property; that the hardship claimed results from the application of the provisions of this Ordinance; that the hardship claimed is suffered by the property directly, and not merely by other properties; that the hardship claimed is not the result of the applicant's own actions.

HARDSHIP EXAMPLE:
  1. A small lot or so peculiarly shaped that the owner would have great difficulty in meeting setback requirements and yet erect a suitable building.
  2. Severe lot contours or the location of natural features which cause hardship in complying with setback requirements.
  3. A physical disability which requires the conduct of a house retail business for selling home made products
FINDINGS. Before the Board issues a variance it shall make the following findings:

The Board of Zoning Appeals may approve or deny variances of use from the terms of the Zoning Ordinance. The Board may impose reasonable conditions as part of its approval. A variance of use may be approved only upon a determination 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 a 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.
A variance of standards refers to a request to vary some development requirement such as a setback, number of parking spaces, height, lot area, etc. The Board of Zoning Appeals may approve or deny variances from the development standards. A variance may be approved only upon a determination 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.
WHAT HARDSHIP IS NOT. For the purpose of granting a variance, the following instances or similar ones shall not be considered hardships:
  1. That the owner could sell his property for more if the Board would permit its development for commercial purposes.
  2. Erection of an apartment with more units than allowed by the ordinance and occupying greater area.
  3. A venture which is financially advantageous to the applicant or a financial loss if a variance was denied.
  4. The absence of a grocery in a neighborhood and the implication that housewives suffer inconvenience by it.
  5. An applicant who knowingly or not violated the Zoning Ordinance and then cites his expenditures as a loss which he will suffer it not permitted to continue the violation.
  6. Purchase of property with the knowledge of the zoning restrictions and complaint that said restrictions have disturbed construction plans.