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SECTION III.
<br />Chapter 21, Article 3, of Section 21 -37 of the Municipal Code
<br />of South Bend, Indiana, be amended by adding the following:
<br />Section 21 -37
<br />(e) All buildings, structures, or uses existing in a designated
<br />flood plain, floodway, or floodway fringe which are not in
<br />full compliance with the provisions of this Ordinance relative
<br />to flood plain management shall be considered to be nonconforming.
<br />In addition to the provisions set forth above, the following
<br />provisions shall be applicable to nonconforming buildings,
<br />structures, or uses located within the F Flood Plain, F -1
<br />Floodway, or F -2 Floodway Fringe District:
<br />(1) A nonconforming building, structure, or use located within
<br />the F -1 Floodway .. District shall not be expanded or
<br />enlarged unless a special permit for construction in a
<br />floodway shall have been issued by the Natural Resources
<br />Commission.
<br />(2) A nonconforming building, structure, or use located within
<br />the F Flood Plain, or F -2 Floodway Fringe District may be
<br />altered, enlarged, or extended, on a one -time -only basis,
<br />provided that such alteration, enlargement, or extension
<br />does not increase the value of the property', excluding the
<br />value of the land, by more than forty per cent (400) of its
<br />pre- improvement market value. Any alteration, enlargement,
<br />or extension of a nonconforming building, structure, or use
<br />which would constitute an increase in the value of the
<br />property, excluding the value of the land, by more than
<br />forty per cent (40 %) shall be in conformance with the
<br />provisions of this Ordinance.
<br />(3) A nonconforming building, structure, or use located within the
<br />F Flood Plain, F -1 Floodway, or F -2 Floodway Fringe District
<br />which is damaged by fire, flood, explosion, act of Cod, or
<br />the public enemy, may be restored to its original dimensions
<br />and conditions, provided the damage does not reduce the
<br />value of the building, excluding the value of the land, by
<br />more than forty per cent (4016) of its pre- damage value.
<br />Where such damage reduces the value of the building, excluding
<br />the value of the land, by more than forty per cent (40 %)
<br />of its predamage value, restoration shall be in conformance
<br />with the provisions of this Ordinance.
<br />SECTION IV.
<br />Chapter 21, Article 6, Section 21- 109(a) of the Municipal Code
<br />of South Bend, Indiana, be amended by adding the following.
<br />Section 21 -109 (a) (11)
<br />In addition to the provisions set forth above, the following
<br />provisions shall be applicable to the issuance of variances
<br />within the F Flood Plain, F -1 Floodway, or F -2 Floodway Fringe
<br />District.
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