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Real Property for Indiana Paralegals
Section 8 . 4 . 3

Conditional Uses

Jonathan Watson

Conditional uses are defined as:

A use which, by its nature and potential impact upon adjacent property, a substantial portion of the entire county or the county as a whole, requires review and approval by the Board of Zoning Appeals, or a use which is an activity, service or facility traditionally provided by local government, but which may be provided by private business or industry through a contractual or franchise agreement with local government.[1]

These uses must go through a special process with the Board of Zoning Appeals, namely:

(A) The Board of Zoning Appeals shall have the power to approve conditional uses, with or without conditions or commitments, if the Board of Zoning Appeals determines that:

(1) The public convenience and welfare will be substantially served;

(2) The nature, location, size and site layout of the conditional use will be compatible with the immediate area;

(3) Adequate water, sanitary, ingress/egress, drainage and other necessary facilities have been or area being provided to assure safe and sanitary conditions in the vicinity of the request;

(4) The proposed conditional use does not conflict with the Comprehensive Plan or any other plan duly adopted by St. Joseph County; and

(5) The proposed use will not be unduly detrimental to the surrounding area.

(B) As part of its approval of a conditional use, the Board of Zoning Appeals may impose reasonable conditions regarding the location, site design, and other features of the proposed building, structure, use or site development as are reasonably related to the purposes of this chapter.

[1] St. Joseph County Zoning Ordinance, ยง 154.635.

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