§ 156.46 PERMIT PROCEDURES.

   (A)   Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing.

   (B)   Specifically the following information is required:

      (1)   Application Stage.

         (a)   A description of the proposed development;

         (b)   Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams;

         (c)   A legal description of the property site;

         (d)   A site development plan showing existing and proposed development locations and existing and proposed land grades;

         (e)   Elevation of the top of the planned lowest floor (including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD;

         (f)   Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed; and

         (g)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required and any watercourse changes submitted to DNR for approval and then to FEMA as a letter of map revision. (See § 156.45(C)(6) for additional information.)

      (2)   Construction Stage.

         (a)   Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall be the duty of the applicant to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor, as built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. The Floodplain Administrator shall review the lowest floor elevation survey data submitted. The applicant shall correct deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. Any work undertaken prior to submission of the elevation certification shall be at the applicant's risk.

         (b)   Upon establishment of the floodproofed elevation of a floodproofed structure, it shall be the duty of the applicant to submit to the Floodplain Administrator a floodproofing certificate. Certification shall be prepared by or under the direct supervision of a registered professional engineer and certified by same. (The Floodplain Administrator shall review the floodproofing certification submitted.) The applicant shall correct any deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the floodproofing certification or failure to make correction required shall be cause to issue a stop-work order for the project.

      (3)   Finished Construction. Upon completion of construction, an elevation certification which depicts the "as-built" lowest floor elevation is required to be submitted to the Floodplain Administrator. If the project includes a flood proofing measure, flood proofing certification is required to be submitted by the applicant to the Floodplain Administrator.

(Ord. 3-2015, passed 3-17-15)

VARIANCE PROCEDURES

§ 156.60 DESIGNATION OF VARIANCE AND APPEALS BOARD; DUTIES.

   (A)   Designation of variance. The city Floodplain Administrator shall hear and decide all requests for variances from requirements of this chapter.

   (B)   Duties of Variance and Appeals Board. When it is alleged an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter, an applicant may appeal any such decision to the Board of Zoning Appeals.

(Ord. 3-2015, passed 3-17-15; Am. Ord. 2020-15, passed 9-8-20)

§ 156.61 VARIANCE PROCEDURES.

   In passing upon such applications, the Floodplain Administrator shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and:

   (A)   The danger of life and property due to flooding or erosion damage;

   (B)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

   (C)   The importance of the services provided by the proposed facility to the community;

   (D)   The necessity of the facility to a waterfront location, where applicable;

   (E)   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

   (F)   The compatibility of the proposed use with existing and anticipated development;

   (G)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

   (H)   The safety of access to the property in times of flood for ordinary and emergency vehicles;

   (I)   The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site; and

   (J)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(Ord. 3-2015, passed 3-17-15; Am. Ord. 2020-15, passed 9-8-20)

§ 156.62 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 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.

   (B)   No variance for a residential use within a floodway subject to § 156.29 or § 156.31(A) of this chapter may be granted.

   (C)   Any variance granted in a floodway subject to § 156.29 or § 156.31(A) of this chapter will require a permit from the Indiana Department of Natural Resources.

   (D)   Variances to the provisions for flood hazard reduction § 156.26 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)   Reserved.

   (G)   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 § 156.63 of this chapter.)

   (H)   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 (See § 156.63 of this chapter.)

(Ord. 3-2015, passed 3-17-15; Am. Ord. 2020-15, passed 9-8-20)

§ 156.63 VARIANCE NOTIFICATION.

   (A)   Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that:

      (1)   The issuance of a variance to construct a structure below the flood protection grade will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

      (2)   Such construction below the flood protection grade increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

   (B)   The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance.

(Ord. 3-2015, passed 3-17-15)

§ 156.64 HISTORIC STRUCTURE.

   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.

(Ord. 3-2015, passed 3-17-15)