Amending Chapter 6 of the Municipal Code Building Code Flood Plain Regulations

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ORDINANCE NO. 0_-�y AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 6 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING PROVISIONS RELATIVE TO FLOOD PLAIN REGULATIONS STATEMENT OF PURPOSE AND INTENT The purpose and intent of this Ordinance is to minimize or eliminate existing or potential flood hazards by placing special requirements on new construction or substantial improvement to structures. A study of the flood -prone areas within the corporate limits of the City of South Bend, Indiana, has been completed, identifying the flood plain, the floodway fringe areas of the St. Joseph River, Bowman Creek, Clyde Creek, and Phillips Ditch in conjunction with the National. Flood Insurance Program. The City must adopt amendments to the Building Code in order to maintain its eligibility to participate in the National Flood Insurance Program. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Chapter 6 of the Municipal Code of South Bend, Indiana, be amended by adding Article 7 as follows: Article 7 FLOOD PLAIN CODE Sec. 6 -38. Definitions (a) As used in this Article: (1) Floodproofing - a combination of structural and non- structural additions, changes or adjustments to properties and structures which maintain a dry interior and eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings. (2) Improvement Location Permit - a permit issued by the Building Commissioner in accordance with the provisions of this Ordinance prior to the erection or alteration and use of a building or structure or use of land, statin that the proposed building, structure, and /or uses comply with all applicable provisions of this Ordinance. (3) Regulatory flood profile - a longitudinal profile along the thread of a river or stream showing the maximum water surface attained by the regulatory flood. For purposes of this Ordinance, the regulatory flood shall be the 100 -year flood. (4) Substantial improvement - any repair, reconstruction, or improvement of a structure, the cost of which equals or ex- ceeds fifty per cent (500) of the market value of the struc- ture, 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 struc- tural 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 or structures designated as historic landmarks by the local legislative body.