Board of Zoning Appeals Application Package

Determination of Request:

Below is a brief description of each type of Board of Zoning Appeals Petition. Please review each to determine which type of procedure you need.

A. Variance of Development Standards

A deviation from the Area, Bulk Height and other applicable regulations of a Zoning District contained in the Leo-Cedarville Zoning Ordinance which governs the physical development of real estate.

B. Variance of Use

A deviation from the use of land or the use of a building or structure on land which is allowed, either as a matter of right under limited conditions (i.e., as a Special Exception Use, an accessory use, and home occupation, or a temporary use) in the Zoning District applicable to the land.

C. Special Exception Use

The use of land or the use of a building or structure on land which is allowed in the Zoning District applicable to the land only through the grant of a Special Exception by the Board of Zoning Appeals.

D. Administrative Appeal

An appeal from any order, requirement, decision, or determination made by Staff, Zoning Administrator, administrative board, or other body except the Plan Commission.

Submission of Petition of Board of Zoning Appeals:

1. A complete Board of Zoning Appeals Petition is to be submitted by 12:00 noon a minimum of 30 days prior to the initial hearing before the Board of Zoning Appeals.

The Board of Zoning Appeals Application can be downloaded here.

2. Only complete Petitions will be docketed for the next Board of Zoning Appeals meeting. If the Petition is incomplete 30 days prior to the initial hearing before the Board of Zoning Appeals, the Petition will be docketed for the following Board of Zoning Appeals meeting to allow the applicant time to submit a complete Petition.

3. The following information is to be submitted with the notarized Petition:

Legal description of property
Proof of ownership (Warranty Deed)
Authorization from Owner (if Applicant is not the Owner)
List of Interested Parties
Completed proposed detailed written Findings of Fact (7 copies)
Preliminary Site Plan, Building Elevations, Sign Detail, etc. (7 folded copies)
Statement of Commitments, if any (7 copies)
Letter of Intent-detailing request before the Board of Zoning Appeals (7 copies)
Completed Notice of Public Hearing Sheet
Application Fee: (fees for type of BZA petition can be found here)
(Make checks payable to the Town of Leo-Cedarville)

Public Hearing Notification:

Notice of Public Hearing for the Board of Zoning Appeals is to be completed as set forth in the Rules of Procedure for the Leo-Cedarville Board of Zoning Appeals. The procedures related to public hearings notification contained in this Petition Packet are provided for convenience purposes only.

1. Notice by Publication: The Leo-Cedarville Clerk Treasurer will submit the Public Hearing Sheet to the News Sentinel and Journal Gazette as the Notice for two publications at least 10 days prior to the Board of Zoning Appeals Public Hearing. The applicant will be charged by the Town of Leo-Cedarville for the cost of publishing the legal notice. (fees for publishing the legal notice can be found here)

2. Notice by Mailing: The applicant is to send the approved Public Hearing Sheet to each Interested Party via certified mail-return receipt requested at least 15 days prior to the Board of Zoning Appeals Public Hearing. Once notices have been sent, the Affidavit of Notice to Interested Parties is to be completed and submitted to the Clerk Treasurer’s office with the certified mail receipts attached.

Petition Review Procedures:

Prior to acceptance, the Petition will be reviewed for completeness.
Once complete, the Petition will be docketed for the next Board of Zoning Appeals meeting.
The Petition and all supporting documentation will be forwarded to the Plan Commission for review and comment.
A summary of the Planning Commission comments and recommendations will be forwarded to the Board of Zoning Appeals for their consideration of the Petition.
The Board of Zoning Appeals meets typically on the 3rd Wednesday of each month at 8:00 p.m., at the Leo-Cedarville Park Pavilion.
The petitioner may request continuation of the Public Hearing prior to the Board of Zoning Appeals meeting.
The Board of Zoning Appeals at the Public Hearing may approve, deny, or continue the Petition.

Excerpts From the Rules of Procedure:

ADAPTED 10/6/98

THE BELOW IS OFFERED TO YOU TO ASSIST IN COMPLIANCE TO REQUIREMENTS OF YOUR PETITION.

ARTICLE VII. PUBLIC HEARINGS:

Section 2.

A petitioner who seeks to vacate a plat, amend the zoning ordinances, subdivision ordinances, comprehensive plan or other matters under the jurisdiction of the Commission shall file a petition with the Commission. Eight (8) copies of the petition, application; or plats must be filed with the Commission at least seven (7) calendar days prior to the next regularly scheduled Commission meeting which is normally held on the third Wednesday of. each month at 7 P.M. at the Cedarville Park Pavilion.

Section 3.

All petitions not initiated by the Commission itself shall be accompanied by a non-refundable filing fee in the amount established in the Town of Leo-Cedarville Fee Schedule.

Section 4.

The Commission may require additional information, data, statistics or plats beyond those established by statute or ordinance which are deemed necessary for intelligent determination by the Commission.

Section 5.

If .the Commission finds that the petition is in good order with sufficient information, it shall set a time for a public hearing on the matter and shall provide public notice in accordance with IC 5-3-1.

Section 6.

The petitioner shall prepare the legal advertisement of the public hearing for the approval of the Commission and shall bear the expense of the advertising costs. In addition, the Commission shall have the discretion to require the petitioner to notify by certified letter all persons deemed by state statute and the Commission to be interested parties at least ten (10) days before the date of the public hearing, pursuant to Article VII. The petitioner shall proved proof that he or she has complied with this requirement.

ARTICLE VIII. NOTICE REQUIREMENTS:

Section 1

A notice of a public hearing required by state statute or Town of Leo-Cedarville ordinance shall contain as a minimum the following information to be advertised in the Journal Gazette and News Sentinel.

(a). Docket number and the substance of the matter to be heard

(b). General location by address or other identifiable geographic characteristics of the property.

(c). Name of the person, agency or entity initiating the matter to be heard.

(d). Time and place of the hearing.

(e). Statement that any person may offer verbal comments at the hearing or may file written comments prior to the hearing.

(f). Statement that the petition may be examined at the Commission office.

(g) Any other information which may be required by law to be contained in such notice.

Section 2.

For the purpose of an initial or replacement zoning ordinance or a subdivision control ordinance, all citizens of the Town of Leo Cedarville are interested parties. The Commission is required to provide for the publication of notice pursuant to IC 36-7-4-604 at least ten (10) calendar days prior to the public hearing by posting copies of the notice in the Commission office.

Section 3.

For the purpose of an amendment to the text of the zoning ordinances, interest parties are determined to be the residents and property owners of the Town of Leo-Cedarville and shall be provided notice by means of a legal notice published in the News Sentinel and Journal Gazette.

Section 4.

For the purpose of an amendment to the zoning map, interested parties are determined to be all persons with a legal interest in the property, defined herein as all persons with real estate property abutting the described property, and/or all owners of real property within a distance of 300 feet of the described property. Such parties are to receive written notice by certified mail, return receipt requested. All copies .of the complied certified mail return receipts are to be submitted to the Commission.

Section 5.

The names of property owners to be notified are to be a from the real estate tax assessment lists as they appear in the office of the Allen County Assessor’s office.

Section 8.

Certified mail receipts with signatures, shall be considered evidence that notice has been given. Personal appearance at the hearing shall also be considered as evidence of notice.

All associated fees for Improvement Location Permits can be found here.