The Board of Zoning Appeals is a local body whose responsibilities are to hear appeals form decisions of the director of planning and development and to consider request for variance and exceptions. The Shelbyville Board of Appeals hear 5 types of petitions.
Variance of Development Standards
If you wish to develop a site to standards other than those allowed in a particular zoning district as contained in the Shelbyville Zoning Ordinance, a Variance of Development Standards would be required.
The Board may only approve a variance from development standards upon a determination in writing that (1) the approval will not be injurious to the public health, safety, 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 Ordinance will result in a practical difficulty in the use of the subject property (This situation cannot be self-imposed, nor be based on a perceived reduction of, or restriction on, economic gain.
Flood Hazard Area Variance
If you wish to develop or occupy a site or structure in a manner other than prescribed in the Flood Hazard Area Standards of Chapter 6.13 of the Shelbyville Zoning Ordinance, a Flood Hazard Area Standards Variance would be required.
The Board may only approve a variance from the Flood Hazard Area Standards upon a determination in writing that (1) there exists a sufficient cause for the variance; (2) the strict application of the terms of the Flood Hazard Area Standards will constitute an exceptional hardship to the applicant; and (3) the granting of the variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with other existing laws or ordinances.
Variance of Use
If you wish to use land, a building, or a structure in a manner that is not consistent with the allowed uses for a particular zoning district as specified in the Shelbyville Zoning Ordinance, a Variance of Use would be required.
The Board may only approve a Variance of Use upon a determination in writing that (1) the approval will not be injurious to the public health, safety, and general welfare of the community; (2) the use and value of the area adjacent to the property will not be affected in a substantially adverse manner; (3) the strict application of the terms of the Ordinance will result in a practical difficulty in the use of the subject property (This situation cannot be self-imposed, nor be based on a perceived reduction of, or restriction on, economic gain); (4) the strict application of the terms of the Ordinance will result in an unnecessary hardship if they were applied to the subject property; and (5) the approval of the variance does not interfere substantially with the goals and objectives of the Comprehensive Plan.
Special Exception
If you wish to use land, a building, or a structure for a use that is designated in the Shelbyville Zoning Ordinance as a Special Exception Use, then a Special Exception approval from the Board of Zoning Appeals would be required.
The Board may only approve a special exception upon a determination in writing that (1) the proposal will not be injurious to the public health, safety, and general welfare of the community; (2) the requirements and development standards for the requested use as prescribed by the Ordinance will be met; (3) granting the exception will not be contrary to the general purposes served by the Ordinance, and will not permanently injure other property or uses in the same zoning district and vicinity; and, (4) the proposed use will be consistent with the character of the zoning district in which it is located and the Shelbyville Comprehensive Plan.
Administrative Appeal
If you wish to appeal any decision, interpretation, or determination made by the Plan Commission Director, other Plan Commission staff members, or any other administrative official or board charged with the duty of enforcing and interpreting the Shelbyville Zoning Ordinance, then an Administrative Appeal must be made to the Board of Zoning Appeals.
The Board may only grant an appeal of an administrative decision based on a determination in writing that the decision of the administrative person or board was inconsistent with the provisions of the Shelbyville Zoning Ordinance.