Variances

Variances

• What is a variance?

  • A variance, if granted, allows the property owner to deviate from a zoning ordinance requirement.

• What types of variances are there?

  • The City of Gary grants two types of variances: Developmental Standards Variances and Use Variances.

    • A Developmental Standards Variance includes modifications of required setbacks, building heights, parking requirements, landscaping or other physical standards.

    • A Use Variance allows a land use that is not permitted in the district where the property is located.

• Who reviews variance petitions? How are the approved?

  • Variances are reviewed by the Planning and Zoning Departments before being forwarded to the Board of Zoning Appeals. The Board of Zoning Appeals hears the petition, and offers a recommendation to Common Council. Common Council approves or denies the request.

•  What qualifications must be met for a variance?

  • According to the municipal code, no variance shall be granted unless the following qualifications are met:

    • The particular physical surroundings shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

    • The conditions upon which the requested variation is based would not be applicable, generally, to other property within the same zoning classification.

    • The alleged difficulty or hardship has not been created by any person presently having an interest in the property.

    • The granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

    • The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, substantially diminish or impair property values within the neighborhood; improves access management; or will not negatively impact or effect ecologically/scientifically significant natural areas, fish and wildlife habitat areas, or identified natural features or mitigate any negative impacts.

  • It is the responsibility of the petitioner to prove in writing that their proposed use meets these qualifications. The Board of Zoning Appeals then evaluates the petition based on the petitioner’s provided responses.

• What is required to apply for a variance?

  • A completed application, available here.

  • Site plan drawing

  • Letter of consent from property owner (if applicable)

  • Receipt of payment application

• How much does it cost to apply for a variance?

  • Petitioning for a Developmental Standards Variance costs $200, plus the cost of newspaper advertisements and certified mailers to notify affected parties as required by Indiana State Law. Public notice costs will vary.

  • Petitioning for a Use Variance costs $400, plus the cost of newspaper advertisements and certified mailers to notify affected parties as required by Indiana State Law. Public notice costs will vary.

• How long does it take to be approved for a variance?

  • In order to be placed on the agenda for the Board of Zoning Appeals, petitions for variances must be received by the Planning and Zoning Department no later than three weeks prior to the next scheduled meeting. The BZA meeting schedule and associated petition deadlines can be viewed here. The complete process takes approximately six to eight weeks.