8415-93 Amending Chapter 21 Zoning Floodplain Regulations

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(a) A Registered Professional Engineer shall certify that the building has been designed so that below the Flood Protection Grade, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. (b) Floodproofing measures shall be operable without human intervention and without an outside source of electricity. Sec. 21-184. OTHER DEVELOPMENT REQUIREMENTS A. The Area Plan Commission shall review all proposed subdivisions to determine whether the subdivision lies in a Flood Hazard Area. If the Area Plan Commission finds the subdivision to be so located, the Area Plan Commission shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Area Plan Commission shall require appropriate changes and modifications in order to assure that: 1. It is consistent with the need to minimize flood damages; 2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; 3. Adequate drainage is provided so as to reduce exposure to flood hazards; 4. On site waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. B. Developers shall record the 100 year flood elevation on all subdivision plats containing lands identified elsewhere by ordinance as within a flood hazard area prior to submitting the plats for approval by the Area Plan Commission. C. All owners of manufactured home or mobile home parks or subdivisions located within the Special Flood Hazard Area identified as "Zone A" on the County's Flood Hazard Boundary Map or Flood Insurance Rate Maps shall develop an evacuation plan for those lots located m the Special Flood Hazard Area and shall have it filed and approved by the St. Joseph County Department of Civil Defense and further file it with the Area Plan Commission. Sec. 21-185. VARIANCES. A. The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this Ordinance provided the applicant demonstrates that in addition to the standards for granting a variance, as contained in IC 36-7-4-918.5: 1. There exist a good and sufficient cause for the requested variance; 2. The strict application of the terms of this ordinance 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 ordinances. B. The Board of Zoning Appeals may issue a variance to the terms and provisions of this Ordinance subject to the following standards and conditions: 1. No variance or exception for a residential use within a floodway subject to Section 21-182 may be granted; 2. Any variances or exceptions granted in a floodway subject to Section 21-182 will require a permit from the Indiana Department of Natural Resources;