Amend Chapter 21, Article 12, Floodplain regulations in order to adopt the most recent Federal and State requirements

Home Browse Search

(1) No variance or exception for a residential use within a floodway subject to Sec. 21-184 of this ordinance may be granted. (2) Any variance or exception granted in a floodway subject to Sec. 21-184 of this ordinance will require a permit from Natural Resources. (3) Variances or exceptions to the Building Protection Standards of Sec. 21-185 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) Variance or exception 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 or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums. SEC. 21-188. 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, Indiana, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this ordinance or any administrative decision made lawfully thereunder. SEC. 21-189. VIOLATIONS. Failure to obtain an Improvement Location Permit in the Special Flood Hazard Area or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for the City of South Bend, Indiana. (a) . A separate offense shall be deemed to occur for each day the violation continues to exist. (b) The Zoning Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. (c) Nothing herein shall prevent the City of South Bend, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. 12