Uniform Schedule Fee

The Board of Zoning Appeals shall hear and determine appeals from and review any order, requirement, decision or determination made by the Building Commissioner in the enforcement of this title and shall permit and authorize exceptions to and variations from the district regulations in the classes of cases or in particular situations specified in this title and it shall hear and try all matters referred to it or upon which it is required to pass under this title.  Every decision of the board shall be subject to view by certiorari.  Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the city.  The Building Commissioner shall, upon the request of the Board of Zoning Appeals, forthwith transmit to such board all documents, plans and papers constituting the record upon which the action appealed from was taken.  
The board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties in interest and decide the same within a reasonable time.  At the hearing, any party may appear in person, by agent or by attorney. 

Board of Zoning Appeals Members 

  • Needs to be updated

Power & Duties 
The Board of Zoning Appeals shall have the following powers and it shall be its duty;
  • To hear and decide appeals where it is alleged there is error of law in any order requirements, decision or determination made by the Building Commissioner in the enforcement of the Zoning Ordinance.
  • To permit the extension of a district where the boundary line of a district divides a lot held in single ownership at the time of the passage of the Zoning Ordinance.
  • To interpret the provisions of the Zoning Ordinance where the street layout actually on the ground varies from the street layout as shown on the District Zone map fixing several districts.
  • To grant a variation on the regulations when a property owner can show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the effective date of the Zoning Ordinance, or where by reason of exceptional topographical conditions or other extraordinary or exceptional situations, the strict application of the terms of the Zoning Ordinance actually prohibits or unreasonably restricts the use of his property, and where the Board is satisfied, under the evidence heard before it, that the granting of such variation will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the owner; provided, however, that all variations granted under this clause shall be in harmony with the intended spirit and purpose of said Ordinance and shall not constitute a direct and obvious amendment of any district regulations or district boundaries. 
  • To permit the following exceptions to the district regulations set forth in this Zoning Ordinance by issuance of a permit maintaining conditions governing design, construction or operation of the exception so as to adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property. 
  • The erection or use of a building or the use of a premises for public utility purposes only, which the Board finds to be reasonably necessary for the public convenience or welfare.  Such public utility structure may also be authorized by the Board to exceed the height and are regulations of the district in which it is located.  
  • The reconstruction to begin within 12 month from the time of adjusted loss either by agreement or by court decree of a non-conforming building which has need damaged by explosion, fire, Act of God, or public enemy, to the extent of more than fifty (50) percent of the cost of replacement of the entire building.  
May Affirm, Modify, or Repeal Order or Decision Appealed 
In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the Building Commissioner from whom the appeal is taken.  
Every variation granted or denied by the Board shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variation. 
Appeal From Board to Court 
Any person or persons, firm or corporation, dissatisfied with the decision and action of the Board of Zoning Appeals may present to the Circuit or Superior Court of Lake County, a petition for a writ of certiorari.  The procedure for making such appeal shall conform to the requirements of the laws of the State of Indiana authorizing cities to adopt zoning regulations.  

4525 Indianapolis Blvd.
East Chicago, IN 46312

Office Hours: Monday - Friday
8:30 a.m. - 4:30 p.m.