Amending Chapter 6 Flood Plain Code

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ORDINANCE NO. 79' 94 -gs-- AN ORDINANCE AMENDING THE SOUTH BEND MUNICIPAL CODE CHAPTER 6, ARTICLE 9 , ENTITLED FLOOD PLAIN CODE STATEMENT OF PURPOSE AND INTENT: Certain changes are required in the Flood Plain Code , contained within the South Bend Municipal Code at Article 9 of Chapter 6 , in order to comply with minimum standards required by the Federal Emergency Management Agency and to enable the City to continue to participate in the National Flood Plain Insurance Program. NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH BEND COMMON COUNCIL, as follows : SECTION I . Chapter 6 , Article 9 of the South Bend Municipal Code , entitled Flood Plain Code , Section 6-38(a) (4) , is deleted in its entirety, and a new Section 6-38(a) (4) is adopted , to read as follows : Section 6-38(a) (4) . Substantial Improvement : Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds forty percent (40%) of the market value of the structure, excluding the value of the land , either (a) before the improvement is commenced , or (b) prior to damage , if the structure has been damaged and is being restored . Substantial improvement shall be considered to occur when the first alteration of any wall, ceiling , or other structural part of the building commences . The term shall not include any repair, reconstruction, or improvement of structures listed on the National Register of Historic Places or the State Inventory of Historic Places . SECTION II . Chapter 6 , Article 9 of the South Bend Municipal Code , entitled Flood Plain Code , Section 6-39 is deleted in its entirety, and a new Section 6-39 is adopted to read as follows : Section 6-39 . Flood Plain Regulations . (a) An improvement location permit shall be required for all new construction and development in an area designated as a Special Flood Hazard Area by the Federal Insurance Administration in implementing the National Flood Insurance Program. The Department shall require that all other state and federal permits are obtained . Applications for building permits shall be reviewed and approved in accordance with the following : (1) Proposed new construction (including prefabricated and mobile homes) and substantial improvements shall meet the following minimum standards : (A) Construction materials and utility equipment shall be resistant to flood damage . (B) Construction methods and practices that will minimize flood damage shall be used . (C) Construction shall be protected against flood damage.