11197-25 Amending Chapter 6, Article 9, of the South Bend Municipal Code to Update the Regulations for Flood Damage Prevention

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(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. (g) Any variance granted in a floodway subject to Sections 6-38.5(1)(a); (l)(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 17