The Office of Zoning Administrator is established.  The Zoning Administrator has the principal responsibility for enforcing this Ordinance.

A.   A Board of Zoning Appeals is established, with membership as provided by State
       Law.

B.  At the first meeting in each calendar year, the Board shall elect from among its
       members, a Chairman and a Vice-Chairman.

C. The Board Shall prescribe such regulations as it considers necessary to carry out
        this Ordinance

D.  Meeting of the Board shall be open to the public.

E. The Board shall keep minutes of its meetings, keep records of all examinations and
     other official actions, make all findings in writing, and record the vote on each
     question.  Minutes and records shall be filed in the office of the Board and made
     available to the public.
 

Upon application for a Special  Exception or Variance, and upon appeal from a decision of the Zoning Administrator, the Board shall hold a public hearing.  Public notice setting forth the time an d place shall be given at least ten days (10) before the date of the hearing in a newspaper of general circulation in the County.  Interested parties shall be notified as provided by the Board.  The cost of such notices shall be borne by the person applying or appealing.

A.  The Board may grant a Variance with respect to specific property or an intended
       use if, after a hearing under Section 8.3., it finds that:
        1. The grant will not be injurious to the public health, safety, morals and general
             welfare of the community.
        2. The use of value of the area adjacent to the property included in the variance
             will not be adversely affected;
        3. The need for the variance arises from some condition peculiar to the property
             involved does not exist in similar property in the same districts; and,
        4. The strict application of the terms of the Ordinance will constitute an unusual
             and unnecessary hardship as applied to the property for which a variance is
             sought.

B.  The Board shall not grant a variance from a use district or classification.

C.  The Board of Zoning Appeals may consider issuing a variance to the terms and
      provisions of  the Floodway (FW) Floodway Fringe (FF) or Flood Plain (FP)
      Districts provided the applicant  offers that:

     (1)   There exists 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 grant 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.

D.  The Board of Zoning Appeals may issue a variance to the terms and provisions of
      the  Floodway (FW) Floodway Fringe (FF) or Flood Plain (FP)  Districts subject
      to the following  standards and conditions:

     (1)  No variance or exception for a residential use in a Floodway (FW) District
            may be granted;

    (2)  Any variance or exception granted in a Floodway (FW) District will require a
            permit from the Department of Natural Resources;

    (3)  Variances or exceptions to the flood protection grade requirements in a
           Floodway  Fringe (FF) District 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 elevation;

    (4)  Any variance or exception granted in a Flood Plain (FP) District will require a
           permit or  letter of recommendation from the Department  of Natural
           Resources. If a letter of  recommendation is received from the Department of
           Natural Resources, the Board of   Zoning Appeals may apply the standards
           pertaining to a Floodway Fringe  (FF) District  contained in D# of this Section.

    (5)  Variance or exception may be granted for the reconstruction or restoration of
           any structure listed on the National Register of Historic Places  listed on the
           National Register of Historic Places  State Survey of Historic,  Architectural,
           Archaeological and Cultural Sites, Structures, Districts and Objects.

    (6)  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,

    (7)  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  excessive
            flood insurance premiums.
 

A.  A decision of the Zoning Administrator enforcing this Ordinance may be
      appealed to the Board by any person who is adversely affected by the decision.
      When an  appeal is taken to  the Board upon denial of an application  for an
      Improvement Location Permit for a use not  specifically stated or implied
      elsewhere in these regulations and not listed, the Board shall refer the
      matter of the proposed use to the Commission for consideration as an amendment
      to the regulations.

B.  On an appeal under subsection (A), the Board may make any decision that the
      Zoning Administrator might have made.

C.   A decision of the Board is subject to review by certioraris.
 

All departments, officials, and public employees of Howard County which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this Ordinance.  Any permit or license, issued in conflict with the provisions of this Ordinance shall be null and void.
 

A.  All amendments to this Ordinance shall be in accordance with the Public Law 178
      of the Acts of the Indiana General Assembly of 1979 and all Acts Amendatory
      thereto (18-7-4101 et. seq.)
 

Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall not be fined less than ten (10) dollars and not more than three hundred (300) dollars, for each offense.

The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to any of the provisions of this Ordinance, is hereby declared to be a violation of this Ordinance and unlawful.  The Commission may institute a suit for injunction in the Circuit or Superior Court of the County to restrain any person, firm or corporation to remove any structure erected  or located in violation of the provisions of this Ordinance.  If the Commission is successful in its suit, the respondent shall bear the cost of action including reasonable attorney's fees to be allowed by the court. Such action may also be instituted by any property owner who may be especially damaged by any violation of this Ordinance.

The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
 

Applications and petitions filed pursuant to the provisions of this Ordinance shall be accompanied by the filing fee in accordance with the Schedule, approved by the Board, on file in the Office of the Commission.

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