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.

The Board of Zoning Appeals makes decisions on all variances and special exceptions. The board makes their decisions after considering information presented to them and then votes on whether an application meets the findings of fact. All applications must meet all findings in order to be approved by the board. Failure to meet any of the findings will result in an application being denied.

When you apply for an application, a staff member will give you the findings that must be met in order for the board to pass an application.

In order to have an application heard by the board, you must have all application materials into the Plan Commission office within a week of the application being submitted. Failure to do so will result in your application being moved to a later date, no exceptions. 

Required Application Documents:
•    Completed Findings of Fact (as defined below)
•    Detailed to-scale site plan of the property involved
            o    Applications involving new buildings must include all existing structure and proposed new structures along with distances to                             property lines
•    Details involving new structures (if any)
           o    Size, dimensions, square footage, height, 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 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...