8415-93 Amending Chapter 21 Zoning Floodplain Regulations

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• • • 4. A variance or exception 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, Archaeological 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 msurance premiums. Sec. 21-186. DISCLAIMER OF LIABILITY The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this Ordinance does not create any liability on the part of the City of South Bend, Indiana, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this Ordinance or any administrative decision made lawfully thereunder. Sec. 21-187 VIOLATIONS Failure to obtain an Improvement Location Permit in the Special Flood Hazard Area or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this Ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for the City of South Bend, Indiana. a. A separate offense shall be deemed to occur for each day the violation continues to exist. b. The Zoning Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. c. Nothing herein shall prevent the City of South Bend, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Sec. 21-188. ABROGATION AND GREATER RESTRICTIONS This Ordinance repeals and replaces other ordinances adopted by the City of South Bend, Indiana to fulfill the requirements of the National Flood Insurance Program. However, this Ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this Ordinance repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Ordinance and other ordinances conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. Sec. 21-189. SEPARABILITY The provisions and sections of this Ordinance shall be deemed separable and the invalidity of any portion of this Ordinance shall not affect the validity of the remainder. SECTION III. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor and publication as required by law.