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10037-10 Amend Code- Ch. 21 Zoning FloodPlain Regulations
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10037-10 Amend Code- Ch. 21 Zoning FloodPlain Regulations
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Last modified
12/22/2010 3:19:14 PM
Creation date
10/8/2010 3:41:09 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
9/13/2010
Ord-Res Number
10037-10
Bill Number
45-10
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(1) Statutory Authorization. The Indiana Legislature has in IC 36-7-4 and IC 14-28-4 <br />granted the power to local government units to control land use within their <br />jurisdictions. Therefore, the Common Council of City of South Bend, Indiana does <br />hereby adopt the following floodplain management regulations. <br />(2) Findings of Fact. <br />(A)The flood hazard areas of the City of South Bend, Indiana are subject to <br />periodic inundation which results in loss of life and property, health and safety <br />hazards, disruption of commerce and governmental services, extraordinary <br />public expenditures for flood protection and relief, and impairment of the tax <br />base, all of which adversely affect the public health, safety, and general welfare. <br />(B) These flood losses are caused by the cumulative effect of obstructions in <br />floodplains causing increases in flood heights and velocities, and by the <br />occupancy in flood hazard areas by uses vulnerable to floods or hazardous to <br />other lands which are inadequately elevated, flood-proofed, or otherwise <br />unprotected from flood damages. <br />(3) Statement of Purpose. It is the purpose of this ordinance to promote the public <br />health, safety, and general welfare and to minimize public and private losses due to <br />flood conditions in specific areas by provisions designed to: <br />(A) Restrict or prohibit uses which are dangerous to health, safety, and property due <br />to water or erosion hazards, which result in damaging increases in erosion or in <br />flood heights or velocities; <br />(B) Require that uses vulnerable to floods, including facilities which serve such <br />uses, be protected against flood damage at the time of initial construction; <br />(C) Control the alteration of natural floodplains, stream channels, and natural <br />protective barriers which are involved in the accommodation of flood waters; <br />(D) Control filling, grading, dredging, and other development which may increase <br />erosion or flood damage; <br />(E) Prevent or regulate the construction of flood barriers which will unnaturally <br />divert floodwaters or which may increase flood hazards to other lands; and, <br />(F) Make federally subsidized flood insurance available for structures and their <br />contents in the City of South Bend, Indiana by fulfilling the requirements of the <br />National Flood Insurance Program. <br />(4) Objectives. The objectives of this ordinance are: <br />(A) To protect human life and health; <br />(B) To minimize expenditure of public money for costly flood control projects; <br />Page 2 of 31 <br />
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