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Plan Commission Processes & Forms
Filling Deadline
Everything must be submitted to the Plan Commission at least three weeks before the scheduled Plan Commission Meeting. However, if the City Council meets before the three weeks, everything must be filed the Wednesday before the first City Council meeting. The fee for filing an annexation is $425.
Notice Requirements
Notice of Public Hearing for the Plan Commission is to be completed as set forth in Chapter 9 of the Shelbyville Unified Development Ordinances. The City of Shelbyville is responsible for placing the Notice of Public Hearing in the local newspaper. The legal advertisement must run at least 10 days prior to the hearing (not including the date of the hearing). The applicant is responsible for:
- Notice to Interested Parties: The applicant is responsible for preparing and distributing written notice of the petition (including the same information found in the Legal Notice) to all property owners within a defined radius of the subject property. Names and addresses of those property owners will be provided by the Plan Commission staff. The notices must be sent at least once, at least 10 days prior to the hearing. Notice may be distributed through either a certificate of mailing (requiring USPS Form Number 665), certified mail, or hand delivery (requiring signatures on form provided by Plan Commission Office).
- Notification Certification: A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a signed and notarized Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Plan Commission Director by the petitioner a minimum of 2 business days prior to the date of the public hearing.
Annexation Process
Step 1: The first meeting is with the Common Council. This will be the first reading of the Ordinance. City Council meets the first and third Monday of each month.
Step 2: The second meeting is with the Plan Commission. The Plan Commission will vote to recommend the zoning designation, not to recommend the zoning designation or make no recommendation. Plan Commission meets the fourth Monday of each month.
Step 3: The petition is then returned to the Common Council for Final Reading. This meeting may occur no sooner than fourteen days after the public hearing before the Plan Commission. At this meeting, the Council will take final action on the ordinance to annex certain property and on the fiscal plan resolution.
Step 4: If approval is given by the Common Council, the ordinance shall take effect after a thirty day time period has elapsed, and the Clerk-Treasurer shall file and record the ordinance in accordance with the provisions outlined in Indiana Code 36-4-3-22.
Download Application Packet (PDF).
Download the Non-Remonstrance Waiver (PDF).
Origination of Proposals
Any applicant may propose a Planned Unit Development district in accordance with the procedures established in Article 5 of the Shelbyville Zoning Ordinance. The applicant making the proposal must intend to act as the developer or sponsor of the development. A parcel or site proposed for a Planned Unit Development may or may not be under single ownership. However, if not under single ownership, the multiple owners must have a contractual agreement
- Not to develop the parcels separately, and
- In which the separate owners have given their express intentions to enter into such private agreements and to assure its completion as planned and to the satisfaction of the Plan Commission.
Detailed Plan Decision Criteria
In reviewing the Planned Unit Development Detailed Plan application, the Plan Commission and Common Council shall pay reasonable regard to the following, consistent with IC 36-7-4-603:
- Requirements and Intent: The extent to which the proposal fulfills the requirements and intent of Article 5 of the Zoning Ordinance and the Subdivision Control Ordinance.
- Planning Documents: The Comprehensive Plan and any other applicable, adopted planning studies or reports;
- Characteristics: The current conditions and the character of current structures and uses in each zoning district;
- Desired Use: The most desirable use of which the land in each district is adapted;
- Property Values: The conservation of property values throughout the City of Shelbyville's jurisdiction; and
- Growth Management: Responsible growth and development.
General Procedure
The general procedure for establishing a Planned Unit Development (PUD) is as follows:
- Sketch Plan: Prior to filing a PUD petition, the applicant must submit a sketch plan to the Plan Commission Director. The Plan Commission Director will make a cursory review of the sketch plan and give the applicant comments within 30 days of submission.
- Conceptual Plan: The applicant then files a Conceptual Development Plan application and supporting materials with the Plan Commission Director.
- The Technical Review Committee reviews the application materials and provides comments to the applicant.
- The application is placed on the City Council agenda for review, then forwarded to the Plan Commission.
- The application is placed on the agenda of the Plan Commission for a public hearing and for review of the Conceptual Development Plan.
- The Plan Commission reviews and takes action on the petition.
- Detailed Plan and Rezoning: The applicant then files a Planned Unit Development Detailed Plan application and supporting materials with the Plan Commission Director. If a subdivision is required, a Preliminary Plat shall also be filed at this time and shall follow the procedures established by the Shelbyville Subdivision Control Ordinance.
- The Technical Review Committee reviews the application materials and provides comments to the applicant.
- The application is placed on the City Council agenda for review, then forwarded to the Plan Commission.
- The application is placed on the agenda of the Plan Commission for a public hearing on the rezoning of the property, the Detailed Development Plan, and the Preliminary Plat (if applicable).
- The Plan Commission reviews the petition and forwards a recommendation to the City Council.
- The City Council reviews the proposed Planned Unit Development, and takes action on the request. If the PUD is approved, the Official Zoning Map will be amended to reflect the zoning change.
- Subdivision: The Plan Commission must have approved the Detailed Development Plan prior to the issuance of any Improvement Location Permit. If a subdivision is required, the Preliminary and Final Plats must also be approved, consistent with the requirements of the Shelbyville Subdivision Control Ordinance, prior to the issuance of an Improvement Location Permit.
- Signatures and Filing: When approved, the Plan Commission President and Secretary shall sign the Detailed Development Plan. The approved Detailed Plan, including all development requirements serving as the zoning requirements on the subject property, shall be filed with the Plan Commission Director by the applicant. The documents must clearly state that the development requirements and any written commitments are enforceable by the Plan Commission
- Covenant Recording: Any covenants for the development shall be recorded with the Shelby County Recorder. The documents must
- Clearly distinguish covenants for the development requirements and written commitments and
- Indicate that covenants are private agreements that are not enforceable by the Plan Commission. The developer must provide 1 copy of the recorded covenants to the Plan Commission Director.
Expiration, Abandonment & Extensions
Expiration
Detailed Plans shall expire 2 years from the date of adoption of the Planned Unit Development ordinance by the Common Council if, in the opinion of the Plan Commission Director, no construction activity has begun. Any corresponding Preliminary Plat approval shall also expire at the time of Detailed Plan expiration.
Abandonment
The PUD may be considered officially abandoned if, in the opinion of the Plan Commission Director, the development is incomplete and no, or minimal, construction activity has occurred for a period of 5 consecutive years. Any outstanding surety for the project may be used by the City consistent with the Subdivision Control Ordinance provision for subdivision surety.
Extensions
An extension, not to exceed 6 months, for accomplishing any processes required by this Article, or for resuming construction activity in an abandoned development, may be granted by the Plan Commission upon written request from the Applicant. All requests for extensions must occur a minimum of 30 days prior to the applicable deadline.
Rezoning
The Plan Commission may initiate a rezoning for any property included in a Planned Unit Development that has been abandoned or for which the Detailed Plan approval has expired. Any rezoning by the Plan Commission shall meet all applicable requirements for the rezoning process provided by Chapter 12.5 of the Zoning Ordinance.
Public Hearing Notification
Notice of Public Hearing for the Plan Commission is to be completed as set forth in Chapter 9 of the Shelbyville Unified Development Ordinances. The City of Shelbyville is responsible for placing the Notice of Public Hearing in the local newspaper. The legal advertisement must run at least 10 days prior to the hearing (not including the date of the hearing). The applicant is responsible for:
- Notice to Interested Parties: The applicant is responsible for preparing and distributing written notice of the petition (including the same information found in the Legal Notice) to all property owners within a defined radius of the subject property. Names and addresses of those property owners will be provided by the Plan Commission staff. The notices must be sent at least once, at least 10 days prior to the hearing. Notice may be distributed through either a certificate of mailing (requiring USPS Form Number 665), certified mail, or hand delivery (requiring signatures on form provided by Plan Commission Office).
- Notification Certification: A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a signed and notarized Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Plan Commission Director by the petitioner a minimum of 2 business days prior to the date of the public hearing.
Download the Application Packet (PDF).
Origination of Proposals
Proposals for Zoning Map Amendments ("rezoning") may be initiated by either the Plan Commission, the Common Council, or through an application signed by property owners of at least 50% of the land involved.
- City Initiated: The Plan Commission shall prepare the application for zoning map amendments if either the Commission or the Common Council has initiated the application. The Plan Commission Director shall serve as the representative of the applicant for such proposal.
- Property Owner Initiated: Any property owner requesting a zoning map amendment shall be the applicant and assume responsibility for preparing application materials.
Rezoning Decision Criteria
In reviewing the rezoning application, the Plan Commission, and Common Council shall pay reasonable regard to the following:
- Comprehensive Plan: The City of Shelbyville Comprehensive Plan and any other applicable, adopted planning studies, and reports;
- Current Conditions: The current conditions and character or current structures and uses in each district;
- Desired Use: The most desirable use for which the land in each district is adapted;
- Property Values: The conservation of property values throughout Shelbyville's planning jurisdiction; and
- Responsible Growth: Responsible growth and development practices.
General Procedure
The general procedure for rezoning a property is as follows:
- Application: The applicant submits an application and required supplemental materials to the Zoning Administrator and pays the fee as indicated by the Planning and Building fee schedule available on the City of Shelbyville website or in the Plan Commission office. Please make checks payable to the City of Shelbyville.
- Common Council First Hearing: The Common Council will review the rezoning application and supporting information. The council will then forward the application to the Plan Commission for review and recommendation.
- Public Notice: Public notice for the Plan Commission hearing must be provided as directed by Chapter 9.13 of the Unified Development Ordinance.
- Plan Commission Hearing: The Plan Commission will review the application in a public hearing and make a recommendation to the Common Council on the application. This hearing will occur no more than 60 days following the receipt of the application for rezoning. The Plan Commission's recommendation will be certified to the Council within ten days of the decision.
- Common Council Second Reading: The Common Council shall vote on the proposed rezoning within 90 days of its certification by the Plan Commission. If the Common Council takes no action within the 90-day period, then the recommendation of the Plan Commission stands as the final decision on the rezoning.
Supporting Materials
The following supporting materials must be submitted with an application for rezoning:
- Site Plan: A site plan drawn to scale showing, at a minimum, all existing and proposed structures, setbacks, easements, right-of-ways, and any other features relevant to the application.
- Vicinity Map: A vicinity map showing the use and zoning of all properties within 600 feet of the property subject to the rezoning application.
- Letter of Intent: A letter of intent to the Plan Commission stating the reasons for the rezoning, including a detailed description of any proposed development for which the rezoning is sought. The letter should include any written commitments being made by the applicant.
- Deed: It is required that a deed to the property be included.
Public Hearing Notification
The City of Shelbyville is responsible for placing the Notice of Public Hearing in the local newspaper. The legal advertisement must run at least 10 days prior to the hearing (not including the date of the hearing). The applicant is responsible for:
- Notice to Interested Parties: The applicant is responsible for preparing and distributing written notice of the petition (including the same information found in the Legal Notice) to all property owners within 2 ownerships of the boundaries of the subject property. Names and addresses of those property owners will be provided by the Plan Commission staff. The notices must be sent at least once, at least 10 days prior to the hearing. Notice may be distributed through either a certificate of mailing (requiring USPS Form Number 665), certified mail, or hand delivery (requiring signatures on form provided by Plan Commission Office).
- Notification Certification: A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a signed and notarized Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Plan Commission Director by the petitioner a minimum of 2 business days prior to the date of the public hearing.
Download the Application Packet (PDF).
Site Development Plan Required
Site Development Plan approval is required for all developments for which an Improvement Location Permit is required by the Unified Development Ordinance and that are located in any of the following zoning districts:
- PK
- RM
- MP
- IS
- BN
- BC
- BG
- BH
- IL
- IG
- HI
Site Development Plan is also required for any development in the following overlay districts:
- AR-OL - Airport Overlay
- RT-OL - Race Track Overlay
Exemptions From Site Development Plan Requirements
The following types of development are exempt from the Site Development Plan Requirements, but are still required to obtain an Improvement Location Permit and/or any other permit or approval otherwise required by the Zoning Ordinance:
Sign Installation
The replacement or installation of any sign(s) not occurring as part of an improvement to any other aspect of the property.
Parking Lot Expansion
The expansion of an existing parking lot that does not result in:
- A greater than 25% or 2,000 square foot (whichever is greater) increase in the surface area of the parking previously available on the property;
- The demolition of any structure; or
- The need for modifications to street accesses.
Structural Expansion
The expansion of an existing structure or the construction of an accessory structure that does not result in a greater than 25% increase in the floor area of the structures that were previously existing on the property and does not require the provision of additional landscaping, parking, or other improvements regulated by the Zoning Ordinance.
General Procedure
The general procedure for approval of a Site Development Plan is as follows:
- Application: The applicant submits an application and required supplemental materials to the Zoning Administrator and pays the fee as indicated by the Planning and Building fee schedule available on the City of Shelbyville website or in the Plan Commission office. Note: Please make checks payable to the City of Shelbyville
- Technical Review Committee: The Technical Review Committee will review the application and the supporting information. The Committee may make a recommendation on changes that need to be made. If the application and the supporting information passes Technical Review, then the applicant can file for a Plan Commission Hearing. Only the Technical Review Application needs to be filled out at this point. Applicant must supply 14 copies of supporting information.
- Plan Commission Hearing: The application will be evaluated at a public hearing of the Commission.
- Improvement Location Permit: Once the Site Development Plan is approved, the petitioner must obtain all appropriate Improvement Location Permits and any other permits required by the City of Shelbyville before construction may begin.
Public Hearing Notification
The City of Shelbyville is responsible for placing the Notice of Public Hearing in the local newspaper. The legal advertisement must run at least 10 days prior to the hearing (not including the date of the hearing). The applicant is responsible for:
- Notice to Interested Parties: The applicant is responsible for preparing and distributing written notice of the petition (including the same information found in the Legal Notice) to all property owners within 2 ownerships of the boundaries of the subject property. Names and addresses of those property owners will be provided by the Plan Commission staff. The notices must be sent at least once, at least 10 days prior to the hearing. Notice may be distributed through either a certificate of mailing (requiring USPS Form Number 665), certified mail, or hand delivery (requiring signatures on form provided by Plan Commission Office).
- Notification Certification: A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a signed and notarized Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Plan Commission Director by the petitioner a minimum of 2 business days prior to the date of the public hearing.
Download the Application Packet (PDF).
Access the Application Packet (PDF).
Board of Zoning Appeals Processes & Forms
About Administrative Appeal
An Administrative Appeal applies to an applicant or interested party that wants a decision, interpretation, order, determination, or action of the Zoning administrator to be overturned or corrected by the Board of Zoning Appeals. Any decision, interpretation, order, determination, or action of the Plan Commission shall not be the subject of an Administrative Appeal.
Origination of Appeal
Appeals may be initiated by an application submitted by an applicant or an interested party to the Zoning Administrator.
Appeal Decision
Following the hearing and review, the Board may affirm or modify the decision, interpretation, order, determination, or action from which the appeal stems. The Board may also add conditions to its decision.
Stay of Other Actions
The filing of an appeal shall stay all proceedings in furtherance of the action being appealed.
General Procedure
The general procedure for an Administrative Appeal is as follows:
- Application: The applicant files an application with the Zoning Administrator and pays the filing fee (as indicated on the Planning and Building fee schedule available on the City of Shelbyville website or in the Plan Commission office).
Please make checks payable to the City of Shelbyville. - Assignment: The appeal is assigned a case number and placed on the agenda of the Board. The petitioner is then informed of the hearing date and interested parties are notified.
- Transfer of Information: The petitioner is kept abreast of any additional information provided to the Board and the Zoning Administrator will begin their written report.
- Review: The Board will hear the appeal.
- Decision: The Board will issue their decision.
- Appeal: Any party aggrieved by the decision may appeal to a court of jurisdiction.
Download the Application Packet (PDF).
What Development Standard Variance Are & Why You Need to Apply for One
A Development Standard Variance is a deviation from the development standards outlined in the Shelbyville Zoning Ordinance. These are standards typically found in Article 2 and 5 of the Unified Development Ordinance. If you cannot meet these standards for your development/project, you must apply for a variance and receive approval from the Board of Zoning Appeals before you can move on with your project. This would apply to things such as (but not limited to) new buildings/structures, additions, accessory structures, parking lots, and driveways.
If you need a special exception, use variance, or sign variance for the same project or property, those must be filed as separate petitions.
Origination of Proposals
Origination of a Development Standard Variance can be initiated by the owner, their agent, or any person having legal or equitable interest in the property.
Development Standards Variance Decision Criteria
In reviewing the rezoning application, the Plan Commission, and Common Council shall pay reasonable regard to the following:
- Impact to Adjacent Area: The use and value of the area adjacent to the property included in the Standard Development Variance will not be affected in a substantially adverse manner;
- Practical Difficulty: The strict terms of the ordinance will result in practical difficulties in the use of the property. This difficulty shall not be self-imposed, nor based on a perceived reduction of, or restriction on, economic gain; and
- General Welfare: Use may not be injurious to the public health, safety, moral, and general welfare.
General Procedure
The general procedure for a Standard Development Variance is as follows:
- Application: The applicant submits a variance application, required supplemental materials, and application fees to the Zoning Administrator and pays the fee as indicated by the Planning and Building fee schedule available on the City of Shelbyville website or in the Plan Commission office. **Please make checks payable to the City of Shelbyville
- Public Notice: Public notice for the board hearing must be provided as directed by Chapter 9.13 of the Unified Development Ordinance.
- Board of Zoning Appeals Hearing: The Board will review the application in a public hearing and make a recommendation on the application: approve, approve with conditions, or deny.
- Re-submission: If application is denied, applicant can re-file in one year, unless s/he files an intent to re-submit with the Zoning Administrator within 60 days after denial.
Duration & Expiration
An approved Development Standard Variance shall run with the land until the property conforms to the UDO. If approved use has not been established within three years from approval, the approval shall be null and void.
Public Hearing Notification
The City of Shelbyville is responsible for placing the Notice of Public Hearing in the local newspaper. The legal advertisement must run at least 10 days prior to the hearing (not including the date of the hearing). The applicant is responsible for:
- Notice to Interested Parties: The applicant is responsible for preparing and distributing written notice of the petition (including the same information found in the Legal Notice) to all property owners within a defined radius of the subject property. Names and addresses of those property owners will be provided by the Plan Commission staff. The notices must be sent at least once, at least 10 days prior to the hearing. Notice may be distributed through either a certificate of mailing (requiring USPS Form Number 665), certified mail, or hand delivery (requiring signatures on form provided by Plan Commission Office).
- Notification Certification: A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a signed and notarized Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Plan Commission Director by the petitioner a minimum of 2 business days prior to the date of the public hearing.
Download the Application Packet (PDF).
About Flood Hazard Area Standard Variances
A Flood Hazard Area Standard Variance is needed to deviate from the standards that apply to flood hazard areas outlined within Chapter 159 of the City's Code of Ordinances. These are standards that are designed to help promote public safety in areas that are prone to flooding. If you cannot meet these standards for your development/project, you must apply for a variance and receive approval from the Board of Zoning Appeals before you can move on with your project.
If you need a special exception, use variance, or sign variance for the same project or property, those must be filed as separate petitions.
Origination of Proposals
Origination of a Development Standard Variance can be initiated by the owner, their agent, or any person having legal or equitable interest in the property.
Development Standards Variance Decision Criteria
In reviewing the request application, the Board of Zoning Appeals shall only grant approval of a Flood Hazard Area Standards Variance if there is:
- A showing of good and sufficient cause;
- A determination that failure to grant the variance would result in exceptional hardship
- A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
General Procedure
The general procedure for a Standard Development Variance is as follows:
- Application: The applicant submits a variance application (Utilize the same application as the Development Standards Varaince Application), required supplemental materials, and application fees to the Zoning Administrator and pays the fee as indicated by the Planning and Building fee schedule available on the City of Shelbyville website or in the Plan Commission office. **Please make checks payable to the City of Shelbyville
- Public Notice: Public notice for the board hearing must be provided as directed by Chapter 9.13 of the Unified Development Ordinance.
- Board of Zoning Appeals Hearing: The Board will review the application in a public hearing and make a recommendation on the application: approve, approve with conditions, or deny.
- Re-submission: If application is denied, applicant can re-file in one year, unless s/he files an intent to re-submit with the Zoning Administrator within 60 days after denial.
Public Hearing Notification
The City of Shelbyville is responsible for placing the Notice of Public Hearing in the local newspaper. The legal advertisement must run at least 10 days prior to the hearing (not including the date of the hearing). The applicant is responsible for:
- Notice to Interested Parties: The applicant is responsible for preparing and distributing written notice of the petition (including the same information found in the Legal Notice) to all property owners within a defined radius of the subject property. Names and addresses of those property owners will be provided by the Plan Commission staff. The notices must be sent at least once, at least 10 days prior to the hearing. Notice may be distributed through either a certificate of mailing (requiring USPS Form Number 665), certified mail, or hand delivery (requiring signatures on form provided by Plan Commission Office).
- Notification Certification: A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a signed and notarized Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Plan Commission Director by the petitioner a minimum of 2 business days prior to the date of the public hearing.
Download the Application Packet (PDF).
About Special Exceptions
A Special Exception is a use that is designated by the Shelbyville Unified Development Ordinance as being permitted in a specific zoning district if it is found to be appropriate and approved by the Board of Zoning Appeals. Special Exceptions are use specific. For example, if you are granted approval to have an office use, you cannot change the use to retail sales.
If you need a development standard variance or a sign variance for the same project or property, those must be filed as separate petitions.
Origination of Proposals
Origination of a Special Exception can be initiated by the owner, their agent, or any person having legal or equitable interest in the property.
Special Exception Decision Criteria
In reviewing the Special Exception application, the Board of Zoning Appeals shall pay reasonable regard to the following:
- Comprehensive Plan: The City of Shelbyville Comprehensive Plan and any other applicable, adopted planning studies and reports;
- Impact to Adjacent Area: The use and value of the area adjacent to the property included in the Special Exception will not be affected in a substantially adverse manner;
- General Welfare: The proposed Special Exception Use will not be injurious to the public health, safety, morals, and general welfare of the community;
- Character: The proposed Special Exception Use will not adversely alter the character of the district.
- Compatibility: The proposed Special Exception Use is in harmony with adjacent land uses.
General Procedure
The general procedure for a Special Exception is as follows:
- Application: The applicant submits an application and required supplemental materials to the Zoning Administrator and pays the fee as indicated by the Planning and Building fee schedule available on the City of Shelbyville website or in the Plan Commission office. Please make checks payable to the City of Shelbyville.
- Public Notice: Public notice for the board hearing must be provided as directed by Chapter 9.13 of the Unified Development Ordinance.
- Board of Zoning Appeals Hearing: The Board will review the application in a public hearing and make a recommendation on the application: approve, approve with conditions, or deny.
- Re-submission: If application is denied, applicant can re-file in one year, unless s/he files an intent to re-submit with the Zoning Administrator within 60 days after denial.
Duration & Expiration
An approved Special Exception shall run with the land until such time as the use conforms with the Unified Development Ordinance; unless a condition or commitment to the contrary is associated with the approval.
Public Hearing Notification
The City of Shelbyville is responsible for placing the Notice of Public Hearing in the local newspaper. The legal advertisement must run at least 10 days prior to the hearing (not including the date of the hearing). The applicant is responsible for:
- Notice to Interested Parties: The applicant is responsible for preparing and distributing written notice of the petition (including the same information found in the Legal Notice) to all property owners within 2 ownerships of the boundaries of the subject property. Names and addresses of those property owners will be provided by the Plan Commission staff. The notices must be sent at least once, at least 10 days prior to the hearing. Notice may be distributed through either a certificate of mailing (requiring USPS Form Number 665), certified mail, or hand delivery (requiring signatures on form provided by Plan Commission Office).
- Notification Certification: A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a signed and notarized Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Plan Commission Director by the petitioner a minimum of 2 business days prior to the date of the public hearing.
Download the Application Packet (PDF).
About Use Variance
A Use Variance is a variance to use a building, a structure, or land in a manner that is not consistent with the allowed uses for a particular zoning district as specified in the Shelbyville Unified Development Ordinance. Use Variances are use specific. For example, if you are granted approval to have an office use, you can't change the use to retail sales.
If you need a special exception, development standard variance, or sign variance for the same project or property, those must be filed as separate petitions.
Origination of Proposals
Origination of a Use Variance can be initiated by the owner, their agent, or any person having legal or equitable interest in the property.
Use Variance Decision Criteria
Use Variance Findings of Fact: The Board of Zoning Appeals shall make findings of fact for a Use Variance on the following criteria:
- Comprehensive Plan: The City of Shelbyville Comprehensive Plan and any other applicable, adopted planning studies and reports;
- Impact to Adjacent Area: The use and value of the area adjacent to the property included in the Use Variance will not be affected in a substantially adverse manner;
- Unique Condition: The need of the Use Variance arises from some condition peculiar to the property;
- Hardship: The strict terms of the ordinance will constitute an unnecessary hardship if applied to the property; and
- General Welfare: Use may not be injurious to the public health, safety, moral, and general welfare.
General Procedure
The general procedure for a Use Variance is as follows:
- Application: The applicant submits an application and required supplemental materials to the Zoning Administrator and pays the fee as indicated by the Planning and Building fee schedule available on the City of Shelbyville website or in the Plan Commission office. Please make checks payable to the City of Shelbyville.
- Public Notice: The Plan Commission will be responsible for providing the Notice of Public Hearing to the Shelbyville new.
- Board of Zoning Appeals Hearing: The Board will review the application in a public hearing and make a recommendation on the application: approve, approve with conditions, or deny.
- Re-submission: If application is denied, applicant can re-file in one year, unless s/he files an intent to re-submit with the Zoning Administrator within 60 days after denial.
Duration and Expiration
An approved Use Variance shall run with the land if a condition to the contrary has not been imposes by the Board. If approved use has not been established within three years from approval, the approval shall be null and void.
Public Hearing Notification
The City of Shelbyville is responsible for placing the Notice of Public Hearing in the local newspaper. The legal advertisement must run at least 10 days prior to the hearing (not including the date of the hearing). The applicant is responsible for:
- Notice to Interested Parties: The applicant is responsible for preparing and distributing written notice of the petition (including the same information found in the Legal Notice) to all property owners within 2 ownerships of the boundaries of the subject property. Names and addresses of those property owners will be provided by the Plan Commission staff. The notices must be sent at least once, at least 10 days prior to the hearing. Notice may be distributed through either a certificate of mailing (requiring USPS Form Number 665), certified mail, or hand delivery (requiring signatures on form provided by Plan Commission Office).
- Notification Certification: A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a signed and notarized Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Plan Commission Director by the petitioner a minimum of 2 business days prior to the date of the public hearing.
Download the Application Packet (PDF)