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<br />3. Variances or exceptions to the Building Protection Standards of Section <br />VIII may be granted only when a new structure is to be located on a lot <br />of one-half (112) acre or less in size, contiguous to and surrounded by lots <br />with existing structures constructed below the flood protection grade. <br /> <br />4. Variance or exception may be granted for the reconstruction or restoration <br />of any structure individually listed on the Register of Historic Places or <br />the Indiana State Survey of Historic Architectural, Archaeological and <br />Cultural Sites, Structures, Districts and Objects; <br /> <br />5. All variances shall give the minimum relief necessary and be such that the <br />maximum practical flood protection will be given to the proposed <br />construction; and <br /> <br />6. The Board of Zoning Appeals shall issue a written notice to the recipient <br />of a variance or exception that the proposed construction will be subject <br />to increased risks to life and property and could require payment of <br />increased flood insurance premiums. <br /> <br />Section XI. Disclaimer of Liability. <br /> <br />~ <br /> <br />The degree of flood protection required by this Ordinance is considered reasonable for <br />regulatory purposes and is based on available information derived from engineering and scientific <br />methods of study. Larger floods can and will occur on rare occasions. Therefore, this <br />Ordinance does not create any liability on the part of the community, Natural Resources or the <br />State of Indiana, for any flood damage that results from reliance on this Ordinance or any <br />administrative decision made lawfully thereunder. <br /> <br />Section XII. Violations. <br /> <br />Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with <br />the Requirements of a permit or conditions of a variance shall be deemed to be a violation of <br />this Ordinance. All violations shall be considered a common nuisance and be treated as such <br />in accordance with the provisions of the Zonding Code for the Town of Mooresville. All <br />violations shall be punishable by a [me not exceeding Five Hundred Dollars ($500.00) and shall <br />be filed in the Mooresville Town Court. <br /> <br />a. A separate offense shall be deemed to occur for each day the violation continues <br />to exist. <br /> <br />b. The Mooresville Planning Commission shall inform the owner that any such <br />violation is considered a willful act to increase flood damages and therefore may <br />cause coverage by a Standard Flood Insurance Policy to be suspended. <br /> <br />'- <br /> <br />c. <br /> <br />Nothing herein shall prevent the Town of Mooresville from taking such other <br />lawful action to prevent or remedy any violations. All costs connected therewith <br />