(A) The Board shall consider all technical evaluations, all relevant factors, and:
(1) The danger of life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(3) The importance of the services provided by the proposed facility to the town;
(4) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(5) The compatibility of the proposed use with existing and anticipated development;
(6) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(7) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(8) The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site; and
(9) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas electric, and water systems, and streets and bridges.
(B) The Board may grant a variance from the flood hazard area standards, § 155.079, only if, after a public hearing, it makes findings of facts in writing, that:
(1) There exists a good and sufficient cause for the requested variance;
(2) The strict application of the terms of this chapter will constitute an exceptional hardship to the applicant; and
(3) The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or codes.
(C) The Board of Zoning Appeals may only issue a variance to the terms and provisions of § 155.079 subject to the following conditions:
(1) No variance for a residential use within a floodway subject to § 155.079 may be granted;
(2) Any variance granted in a floodway subject to § 155.079 will require a permit from the Indiana Department of Natural Resources;
(3) Variances to the building protection standards of § 155.079 may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade;
(4) Variances may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archeological and Cultural Sites, Structures, Districts, and Objects;
(5) All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and
(6) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums.
(7) The Planning Director shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request.
(D) The Board may impose such reasonable conditions upon its approval as it deems necessary to find that the criteria for approval in (B) and (C) above will be served.
(E) The Board may require the owner of the property to make written commitments concerning the use or development of the property and have such commitments recorded in the County Recorder's Office.
(F) A floodplain standards variance granted by the Board and executed in a timely manner as described in this section shall run with the parcel until such time as:
(1) The property conforms with the chapter as written; or
(2) The variance is terminated.
(Ord. 2013-02, passed 3-11-13)