2017 Indiana Code
TITLE 36. Local Government
ARTICLE 7. PLANNING AND DEVELOPMENT
CHAPTER 4. Local Planning and Zoning
36-7-4-918.8. Board of zoning appeals; metropolitan development commission; exercise of powers; variances, exceptions, or uses
Sec. 918.8. (a) METRO. In connection with its consideration of a proposed ordinance for the amendment of the zoning ordinance proposed under section 607(c)(2) of this chapter, the metropolitan development commission may exercise the powers of the metropolitan board of zoning appeals for the purpose of approving or denying:
(1) a variance from the development standards of the zoning ordinance; or
(2) a special exception, special use, contingent use, or conditional use from the terms of the zoning ordinance.
(b) METRO. The commission may, by rule, establish procedures so that the power of the commission to recommend amendment of zoning ordinances and the power of the commission to approve and deny these variances, exceptions, and uses may be exercised concurrently. These rules may be inconsistent with the 900 series to the extent reasonably necessary to allow the commission to exercise the power to approve or deny these variance, exception, and use petitions.
(c) METRO. When acting under this section, the commission may:
(1) vote on the amendment to the zoning ordinance and the variance, exception, or use petition at the same time; and
(2) condition the approval of variance, exception, or use in such a manner that it takes effect when the recommended ordinance amendment is approved by the legislative body.
(d) METRO. Section 922 of this chapter does not apply to variances, exceptions, and uses approved under this section.
As added by P.L.357-1983, SEC.15.
