§ 152.68 CONDITIONS FOR VARIANCES.

   (A)   Variances shall only be issued when there is:

      (1)   A showing of good and sufficient cause;

      (2)   A determination that failure to grant the variance would result in exceptional hardship; and

      (3)   A determination that the granting of a variance will not:

         (a)   Result in increased flood heights, additional threats to public safety or extraordinary public expense;

         (b)   Create nuisances;

         (c)   Cause fraud or victimization of the public; or

         (d)   Conflict with existing laws or articles.

   (B)   No variance or exception for a residential use within a floodway subject to §§ 152.53 and 152.55 of this chapter may be granted.

   (C)   Any variance or exception granted in a floodway subject to §§ 152.53 and 152.55 of this chapter will require a permit from the Indiana Department of Natural Resources.

   (D)   Variances or exceptions to the provisions for flood hazard reduction of § 152.51 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.

   (E)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

   (F)   Variances or exceptions may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects.

   (G)   Any applicant granted a variance shall be given written notice, specifying the difference between the base flood elevation 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 § 152.69).

   (H)   The Floodplain Administrator shall maintain the records of appeal actions and, upon request, shall report any variances to FEMA or the Indiana Department of Natural Resources (see § 152.69).

(BC Ord. 2005-8, passed 5-3-05) Penalty, see § 152.99