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

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(g) Any variance granted in a floodway subject to Sections 6-38.5(1)(a); (1)(c)(i); or (1)(d)will require a permit from the Indiana Department of Natural Resources. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (h) Variances to the Provisions for Flood Hazard Reduction of Section 6-38.5 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. (i) Variances may be issued for the repair or rehabilitation of"historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a"historic structure"and the variance is the minimum to preserve the historic character and design of the structure. (j) Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use. (k) Variances shall only be issued upon a determination that the variance is the minimum necessary,considering the flood hazard,to afford relief. (1) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this. (m)Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (n) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request. Sec. 6-38.5.—Provisions for Flood Hazard Reduction (1) Floodplain Status Standards (a) Floodways(Riverine) Located within SFHAs, established in Section 6-38.3(2) are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters,which carry debris,potential projectiles,and has erosion potential.Under the provisions of the Flood Control Act (IC 14281) a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, and paving undertaken before the actual start of construction of the structure. General licenses and exemptions to the requirements of the Flood Control Act (IC 14-28-1 and 312 IAC 10) may apply to qualified additions/improvements to existing lawful residential structures, rural bridges, logjam removals, wetland restoration, utility line crossings, outfall projects, creek rock removal,and prospecting. (i) If the site is in a regulatory floodway as established in Section 6-38.3(2), the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for approval for 23