(A) A written report addressing each of the above factors in § 150.67 shall be submitted with the application for a variance.
(B) Variances from the provisions of this chapter shall only be granted when the Board can make positive findings of fact based on evidence submitted at the hearing for the following:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship as defined in § 150.05; and
(3) 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.
(C) No variance for a residential use within a floodway subject to § 150.45(A), (C), or (D) may be granted.
(D) Any variance granted in a floodway subject to § 150.45(A), (C), or (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.
(E) Variances to the provisions for flood hazard reduction of § 150.45(B) 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.
(F) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(G) 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 an “historic structure” and the variance is the minimum to preserve the historic character and design of the structure.
(H) Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use.
(I) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(J) Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(K) 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 (see § 150.69).
(L) 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.
(Ord. 93-04, passed 11-8-1993; Am. Ord. 07-01, passed 2-19-2007; Am. Ord. 2015-05, passed 8-17-2015; Am. Ord. 2022-09, passed 9-20-2022)