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Zoning Appeals

EVANSVILLE VANDERBURGH COUNTY, IN

ZONING APPEALS

Codes, Procedures, Applications, and Forms


APPEALS

Appeal Filing Procedures, and Application:

Appeals Zoning Code: City - County

Appeal Application

The Board of Zoning Appeals shall hear and determine APPEALS from and review any order, requirement, decision, or determination made by an administrative official or staff member under the zoning ordinance or any order, requirement, decision or determination made by an administrative board or other body except the Evansville and Vanderburgh County Area Plan Commission in relation to the enforcement of an ordinance requiring the procurement of an improvement location permit or occupancy permit.

An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within such time and in such form as prescribed by the Board of Zoning Appeals 


SPECIAL USE

Special Use filing Procedures, and Application:

Special Use Zoning Code: City - County

Special Use Application

The nature of certain uses creates difficulty in classifying them into the residential, commercial and industrial districts specified in the Zoning Code. To allow for these uses that do not fit into the standard zoning categories, the Code provides a Special Use designation that can be granted by the Board of Zoning Appeals. Examples of uses that require a Special Use are hospitals, schools, churches, charitable and philanthropic organizations, etc. Over 40 special uses are listed in Section 18.145.050 of the City Code and in Section 17.28.050 in the County. The zoning districts in which each Special Use is allowed are also specified in the Code. If the desired use is one of the Special Uses listed in the Code, check the zoning of the site proposed for the special use, and then check the Code to determine if the special use is allowed in that district.

A Special Use petition must be filed with a legal description of the site, a site plan, the check for the filing fee, and a list of the abutting property owners. Special Use packets that describe filing procedures, fees and deadlines, are available in the APC office and through the link below. It is recommended that petitioners confer with the APC staff before filing, and meet up-front with land owners and/or any neighborhood association in the area to discuss the proposal. Hiring an attorney, engineer or surveyor as a representative can be helpful but is not required. The petitioner must send notice to abutting property owners by certified mail, return receipt requested. Green receipts must be turned in to staff prior to the BZA hearing.

Once a petition is filed, APC staff will request comments from reviewing agencies, write staff field reports on the special use proposed, and distribute these reports. Consideration of the Comprehensive Plan is required in the BZA decision. The BZA makes the final decision on all Special Uses. No other public hearing is required. The Special Use process generally takes approximately 30 days from filing to final approval.


VARIANCE

Variance Filing Procedures, and Application:

Variance Zoning Code: City - County

Variance Application

Persons proposing to build a new structure that would not comply with the site development requirements of the Zoning Code can request a variance from the terms of the Code. Petitions for Variances are considered in a public meeting by the Board of Zoning Appeals. Examples of the most common Variances requested from the site development requirements include relaxing the front, side or rear green space requirements, required parking, signage requirements, limits on accessory structure size/height, etc. No Variances from the use district or classification designated in the Zoning Code can be granted by the BZA.

A Variance petition must be filed with a legal description of the site, a site plan, the check for the filing fee, and a list of the abutting property owners. Variance packets that describe filing procedures, fees and deadlines, are available in the APC office and through the link above. It is recommended that petitioners confer with the APC staff before filing, and meet up-front with land owners and/or any neighborhood association in the area to discuss the proposal. Hiring an attorney, engineer or surveyor as a representative can be helpful but is not required. The petitioner must send notice to abutting property owners by certified mail, return receipt requested. Green receipts must be turned in to staff prior to the BZA hearing.

Once a petition is filed, APC staff will request comments from reviewing agencies, write staff field reports on the variance proposed, and distribute these reports. Consideration of health, safety and welfare as well as impacts on the use and value of adjacent property is required in the BZA decision. The Board of Zoning Appeals makes the final decision on all Variances. No other public hearing is required. The Variance process generally takes approximately 30 days from filing to final approval.