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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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(35) Freeboard means a factor of safety, usually expressed in feet above the BFE, which <br />is applied for the purposes of floodplain management. It is used to compensate for <br />the many unknown factors that could contribute to flood heights greater than those <br />calculated for the base flood. <br />(36) Fringe is those portions of the floodplain lying outside the floodway. <br />(37) Functionally dependent facility means a facility which cannot be used for its <br />intended purpose unless it is located or carried out in close proximity to water, such <br />as a docking or port facility necessary for the loading and unloading of cargo or <br />passengers, shipbuilding, ship repair, or seafood processing facilities. The term <br />does not include long-term storage, manufacture, sales, or service facilities. <br />(38) Hardship (as related to variances of this ordinance) means the exceptional hardship <br />that would result from a failure to grant the requested variance. The South Bend <br />Common Council requires that the variance is exceptional, unusual, and peculiar to <br />the property involved. Mere economic or financial hardship alone is NOT <br />exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal <br />preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify <br />as an exceptional hardship. All of these problems can be resolved through other <br />means without granting a variance, even if the alternative is more expensive, or <br />requires the property owner to build elsewhere or put the parcel to a different use <br />than originally intended. <br />(39) Highest adjacent grade means the highest natural elevation of the ground surface, <br />prior to the start of construction, next to the proposed walls of a structure. <br />(40) Historic structure means any structure individually listed on the National Register <br />of Historic Places or the Indiana State Register of Historic Sites and Structures. <br />(41) Increased Cost of Compliance (ICC) means the cost to repair a substantially <br />damaged structure that exceeds the minimal repair cost and that is required to bring <br />a substantially damaged structure into compliance with the local flood damage <br />prevention ordinance. Acceptable mitigation measures are elevation, relocation, <br />demolition, or any combination thereof. All renewal and new business flood <br />insurance policies with effective dates on or after June 1, 1997, will include ICC <br />coverage. <br />(42) Letter of Map Amendment (COMA) means an amendment to the currently effective <br />FEMA map that establishes that a property is not located in a SFHA. A COMA is <br />only issued by FEMA. <br />(43) Letter of Map Revision (LOMR) means an official revision to the currently effective <br />FEMA map. It is issued by FEMA and changes flood zones, delineations, and <br />elevations. <br />(44) Letter of Map Revision Based on Fill (LOMR-F) means an official revision by letter <br />to an effective NFIP map. A LOMR-F provides FEMA's determination concerning <br />Page 8 of 31 <br />
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