23-25 Amending Chapter 6, Article 9, of the South Bend Municipal Code to Update the Regulations for Flood Damage Prevention

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(k) Prevent floodplain uses that are either hazardous or environmentally incompatible. (1) Meet community participation requirements of the National Flood Insurance Program. (4) Methods of Reducing Flood Loss In order to accomplish its purposes,these regulations include methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety,and property due to water hazards, or which result in damaging increases in flood heights or velocities. (b) Requiring that uses vulnerable to floods, including facilities, which serve such uses,be protected against flood damage at the time of initial construction. (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,which help accommodate or channel flood waters. (d) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage. (e) Preventing or regulating the construction of flood barriers, which will unnaturally divert floodwaters, or which may increase flood hazards in other areas. Sec.6-38.2.—Definitions Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them meaning they have in common usage and to give these regulations the most reasonable application. (1) Accessory Structure means a structure with a floor area of 400 square feet or less that is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure; an accessory structure specifically excludes structures used for human habitation. (a) Accessory structures are considered walled and roofed where the structure includes at least two outside rigid walls and a fully secured roof (b) Examples of accessory structures include but are not necessarily limited to two-car detached garages (or smaller), carports, storage and tool sheds, and small boathouses. (c) The following may have uses that are incidental or accessory to the principal structure on a parcel but are generally not considered to be accessory structures by the NFIP: (i) Structures in which any portion is used for human habitation, whether as a permanent residence or as temporary or seasonal living quarters, such as a detached garage or carriage house that includes an apartment or guest quarters, or a detached guest house on the same parcel as a principal residence. (ii) Structures used by the public, such as a place of employment or entertainment. (iii)Development that does not meet the NFIP definition of a structure for floodplain management purposes. Examples includes, but are not necessarily limited to, a gazebo,pavilion,picnic shelter, or carport that is open on all sides(roofed but not walled). (2) Addition(to an existing structure)means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition,which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction. 3