Utica Township Fire Department Incorporated, Appellant-Petitioner,
Floyd County Board of Zoning Appeals, Appellee-Respondent
from the Floyd Circuit Court The Honorable J. Terrence Cody,
Judge Trial Court Cause No. 22C01-1710-PL-1405
Attorney for Appellant Larry O. Wilder Jeffersonville,
Attorney for Appellee Keith D. Mull New Albany, Indiana
VAIDIK, CHIEF JUDGE.
Utica Township Fire Department Incorporated ("Fire
Department") appeals the trial court's denial of its
petition for judicial review of a decision of the Floyd
County Board of Zoning Appeals ("BZA"). We affirm.
and Procedural History
In June 2017, the Fire Department, a non-profit corporation,
bought the property at 1436 W. Knable Road in Georgetown for
use as an emergency medical services sub-station. The
property, which includes a house and a two-stall garage, is
located in an area zoned for residential use. However, the
Fire Department did not seek permission to operate the
sub-station either before or after purchasing the property.
Instead, it simply began using the property as a sub-station.
Shortly thereafter, "a complaint was filed with the
Floyd County Plan Commission asserting that [the Fire
Department] was operating in violation of the County's
zoning ordinance." Appellant's Br. p. 6. Only then
did the Fire Department file a Conditional Use Application
with the BZA. The Floyd County Zoning Ordinance, Section
15.09, provides that the BZA must approve such an application
a. The conditional use will not be injurious to the public
health, safety, moral, and general welfare of the
b. The use and value of area adjacent to the property will
not be adversely affected.
c. The need for the conditional use does not result
from any conditions, unusual or peculiar to
the subject property.
d. The strict application of the terms of the Floyd County
Zoning Ordinance would result in an unnecessary hardship in
the use of the property.
e. The approval of the conditional use will not contradict
the goals and objectives of the Floyd County ...