8415-93 Amending Chapter 21 Zoning Floodplain Regulations

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e. Elevation of top of the lowest floor, including basement, of all proposed buildings, structures and development. Elevation should be in National Geodetic Vertical Datum of 1929 or the North American Vertical Datum. In either case the conversion formula shall be included. (2) Upon receipt of an application for an Improvement Location Permit, the Zoning Administrator shall determine if the site is located within an identified floodway or floodway fringe, or within the floodplain where the limits of the floodway have not yet been determined. a. If the site is in an identified floodway the Zoning Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway. 1. Under the provisions of IC 13-2-22 a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, paving, or other such activity undertaken before the actual start of construction of the building. 2. No action shall be taken by the Zoning Administrator until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Zoning Administrator may issue the local Improvement Location Permit, provided the provisions contained in Sections 21-182 and 21-183 of this Ordinance have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission. (3) If the site is located in an identified floodway fringe, then the Zoning Administrator may issue the local Improvement Location Permit provided the provisions contained in Sections 21-182 and 21-183 of this Ordinance have been met. The key provision is that the lowest floor of any new or substantially improved structure shall be at or above the Flood Protection Grade. (4) If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined, shown as Zone A on the Flood Insurance Rate Maps, and the drainage area upstream of the site is greater than one square mile, the Zoning Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment. a. No action shall be taken by the Zoning Administrator until either a permit for construction in the floodway or a letter of recommendation citing the 100 year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources. b. Once the Zoning Administrator has received the proper permit or letter of recommendation approving the proposed development, an Improvement Location Permit may be issued provided the conditions of the Improvement Location Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in Sections 21-182 and 21-183 of this Ordinance have been met. Sec. 21-182 PREVENTING INCREASED DAMAGES. No development in the Special Flood Hazard Area shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. A. Within the floodway identified on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map, the following standards shall apply: 1. No development shall be allowed which acting alone or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood; and