23-25 Amending Chapter 6, Article 9, of the South Bend Municipal Code to Update the Regulations for Flood Damage Prevention

Home Browse Search

(a) The South Bend Area Board of Zoning Appeals as established by the South Bend Common Council shall hear and decide appeals and requests for variances from requirements of this ordinance. (b) The board shall hear and decide appeals when it is alleged an error in any requirement, decision,or determination is made by the Floodplain Administrator in the enforcement or administration of this ordinance. Any person aggrieved by the decision of the board may appeal such decision to the St. Joseph County Circuit or Superior Court. (c) In considering such applications,the board shall consider all technical evaluations, all relevant factors,all standards specified in other sections of this ordinance, and: (i) the danger to life and property due to flooding or erosion damage. (ii) the danger that materials may be swept onto other lands to the injury of others. (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (iv) the importance of the services provided by the proposed facility to the community. (v) the necessity to the facility of a waterfront location,where applicable. (vi)the compatibility of the proposed use with existing and anticipated development. (vii) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (viii) the safety of access to the property in times of flood for ordinary and emergency vehicles. (ix) the expected height,velocity, duration,rate of rise, and sediment transport of the floodwaters at the site. (x) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical,and water systems, and streets and bridges. (d) A written report addressing each of the above factors shall be submitted with the application for a variance. (e) Variances from the provisions of this ordinance shall only be granted when the board can make positive findings of fact based on evidence submitted at the hearing for the following: (i) A showing of good and sufficient cause. (ii) A determination that failure to grant the variance would result in exceptional hardship as defined in Section 6-38.2. (iii)A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense,create nuisances,cause fraud or victimization of the public,or conflict with existing laws or ordinances. (f) No variance for a residential use within a floodway subject to Sections 6- 38.5(1)(a); (1)(c)(i); or(1)(d)of this ordinance may be granted. 22