Amending & Supplementing Chapter 21 Zoning Floodplain Regulations

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A" and shall have it filed and approved by the St. Joseph County Department of Civil Defense and further shall file it with the Area Plan Commission. Sec. 21-185. VARIANCES. A. The Board of Zoning Appeals may grant 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, 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 for a residential use within a floodway subject to Section 21-182 may be granted. 2. Any variance granted in a floodway subject to Section 21-182 will require a permit from the Indiana Department of Natural Resources. 3. Variances to the Building Protection Standards of Section 21-183 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. A variance 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 that the proposed construction will be subject to increased risks to life and property and could require payment of excessive flood insurance 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, the Indiana Department of Natural Resources, nr the Stag of Tmli aria_ fnr any fl nnri Ammaerm