§ 157.053 CONDITIONS FOR SPECIAL EXCEPTIONS.
   (A)   Special exceptions shall only be authorized when there is:
      (1)   A showing of good and sufficient cause.
      (2)   A determination that failure to grant the special exception would result in exceptional hardship.
      (3)   A determination that the granting of a special exception 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 special exception for a residential use within a floodway subject to §§ 157.039 or 157.041(A) of this chapter may be granted.
   (C)   Any special exception granted in a floodway subject to §§ 157.039 or 157.041(A) of this chapter will require a permit from the Indiana Department of Natural Resources.
   (D)   Special exceptions to the provisions for flood hazard reduction of § 157.036, 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)   Special exceptions shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   (F)   Special 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 Register of Historic Sites and Structures.
   (G)   Any applicant to whom a special exception is authorized 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 § 157.054).
   (H)   The Floodplain Administrator shall maintain the records of appeal actions and report any special exceptions to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request (see § 157.054).
(Ord. Z-12-20, passed 11-15-2012)