A Use or Development Variance application can be processed at the Noble County Plan Commission Office. Applicants should apply a minimum of 30 days prior to the next available BZA meeting and before 3:00 pm Monday - Friday.

As set forth by Indiana Code the BZA is authorized to grant a Use or Development Variance based upon Findings of Fact. It is the responsibility of the Petitioner or their representative to addressed the Findings of Fact which are determined as defined below:

 

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 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 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 — 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 (Consider what it would be
like if the site were developed under the terms of the zoning ordinance — what would the difficulties
be?)

(5) the approval doesn't interfere substantially with the comprehensive plan (Consider whether
there are any major conflicts with the comprehensive plan — what are they?)

 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)

 

 
 

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. 

Download and print the form here...