Applications for variances to the provisions of this chapter are subject to the provisions of § 154.280.
(A) The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of the Floodway (C-1), Floodway Fringe (C-2), or Floodway Plain (C-3) Districts provided the applicant offers that:
(1) There exists a good and sufficient cause for the requested variance;
(2) The strict application of the terms of this chapter will constitute an exceptional hardship to the applicant; and
(3) The grant of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
(B) The Board of Zoning Appeals may issue a variance to the terms and provisions of the Floodway (C-1), Floodway Fringe (C-2), Flood Plain (C-3) Districts subject to the floodway findings of fact.
(1) No variance for a residential use in a Floodway (C-1) District may be granted.
(2) Variances to the flood protection grade requirements in a Floodway Fringe (C-2) District may be granted only when a new structure is to be located on a lot surrounded by lots with existing structures constructed below the flood protection elevation.
(3) Any variance granted in a Floodway (C-1) District, will require a permit from Natural Resources.
(4) Any variance granted in a Flood Plain (C-3) District, will require a permit or letter of recommendation from Natural Resources. If a letter of recommendation is received from Natural Resources, the Board of Zoning Appeals may apply the standards pertaining to a Floodway Fringe (C-2) District.
(5) Variance may be granted for the reconstruction or restoration of any structure listed on the National Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archaeological, and Cultural Sites, Structures, Districts, and Objects.
(6) All variances shall give the minimum relief necessary, and be such that the maximum practical flood protection will be given to the proposed construction.
(7) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance that the proposed construction will be subject to increased risks to life and property and could require payment of excessive flood insurance premiums.
(Prior Code, § 154.170) (Ord. passed 4-15-1957)