§ 153.101. STANDARDS AND CONDITIONS.

The Board of Zoning Appeals may issue a variance to the terms and provisions of this chapter subject to the following standards and conditions:

(A) No variance or exception for a residential use within a floodway subject to §§ 153.040 through 153.042 may be granted.

(B) Any variance or exception granted in a floodway subject to §§ 153.040 through 153.042 will require a permit from Natural Resources.

(C) Variances or exceptions to the Building Protection Standards of §§ 153.060 through 153.062 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.

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

(E) All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction.

(F) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increase flood insurance premiums.

(Ord. 95-G-01, passed 1-30-95)