HomeMy WebLinkAboutAmending Articles 1,2,3 and 6 of Chapter 21 Zoning Ordinance Relative to Flood Plain RegulationsORDINANCE N®. 6304 -78
Passed by the Common Council of the City of South Bend, Indiana_
Attest:
January 23 19 78
M
City Clerk
IRENE K. GAMMON
of Common Council
Presented by me to the Mayor of the City of South Bend, Ind'ana
January 24 — 78
C /- c� -.�.'
IRENE K. GAMMON
Approved and signed by me �•.a..... s d �9 '� 8
Clerk
12/15/77
ORDINANCE NO. 6 0 q--7 8
AN ORDINANCE AMENDING AND SUPPLEMENTING
ARTICLES 1, 2, 3 and 6 OF CHAPTER 21 OF
THE MUNICIPAL CODE OF SOUTH BEND, INDIANA,
GENERALLY KNOWN AS THE ZONING ORDINANCE 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 as well as the use of land located in .flood plain
areas having special flood hazards.
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 Zoning Ordinance 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, as follows:
SECTION I.
Chapter 21, Article 1, Section 21 -1 of the Municipal Code
of South Bend, Indiana, be amended by adding the following definitions:
Sec. 21-1-(a) Federal Insurance Administration - for purposes of this
(22.1) Ordinance, the administrative office for the National
Flood Insurance Program.
Sec. 21 -1 -(a) Flood a general and temporary condition of partial or
(22.2) complete inundation of normally dry land resulting from the
overflowing of a river, stream, or other body of water or
the unusual and rapid accumulation of runoff surface waters;
the collapse or subsidence of land along the shore of a
lake or other body of water resulting from erosion or
undermining caused by waves or currents exceeding anticipated
cyclical levels or by an unusually high water level accompanied
by a severe storm or other force of nature. For purposes of
this Ordinance, the regulatory flood shall be the 100 -year flood.
Sec. 21 -1 -(a) Flood hazard area - that portion of a flood plain which is
(22.3) not adequately protected from flooding by means of dikes,
levees, reservoirs, or other works approved by the Natural
Resources Commission and which is subject to a one per cent
1% -chance of oo ing annually.
Flood plain - the area adjoining a river or stream which has been
or which may hereafter be flooded, so designated in the Flood
Insurance Study of the City of South Bend, Indiana, prepared
by Johnson & Anderson, for the Federal Insurance Administration.
Sec 21 -1 (a.) Flood protection grade - the lowest elevation around the
(22.,4) perimeter o a u 1-d g a,t w is . oo a he
interior of the building.
21 -1 (a) Floodproofed building - a commercial or industrial building
(22.5) designed to maintain a dry interior. A11 such, flo'odproofi:n
shall be adequate to withstand the flood depths', pressures,
velocities, impact and uplift force's and other factors
associated with a recqulatory flood.
21 -1 (a) Floodproofing - a combination of structural and non- structural
(22.6) additions, changes, or adjustments to properties and structures
which maintain a dry interior and eliminate flood damage to
lands, water and sanitary facilities, and contents of buildings.
21 -1 (a) Floodway - the channel of a river or stream and those portions
(22.7) of the flood plain which are reasonably required to efficientl
carry or discharge the flood water of the river or stream,
so designated in—the Flood Insurance Study of the City of
South Bend ", Indiana prepared by Johnson & Anderson for the
Federal Insurance Administration.
21 -1 (a) Floodway Fringe - that portion of a flood hazard area outside
(22.8) the limits of the floodway, so designated in the Flood
Insurance Study of the City of South Bend,- Indiana, prepared
by Johnson & Anderson for the Federal Insurance Administration.
21 -1 (a) Improvement Location Permit - a permit issued by the
(30.1) 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, stating that the proposed
building, structure, and /or uses comply with all applicable
provisions of this Ordinance,
21 -1 (a) Natural Resources Commission - the Natural Resources Commission
(42.2) of the State of Indiana.
21 -1 (a) Regulatory flood profile - a long
(47.1) thread of a river or stream showi
attained by the requlatory flood.
itudinal profile along the
ng the maximum water surface
21 -1 (a) Substantial improvement - for purposes of flood plain regulation,
(49.1) any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty per cent 500
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, or structures
designated as historic landmarks by the local legislative
body.
)SECTION II.
Chapter 21, Article I, of Section 21 -4 of the Municipal Code
of South Bend, Indiana, be amended by adding the following:
Sec. 21 -4.1 Within a designated flood plain, floodway, or floodway
fringe, the provisions of this Ordinance relative to land
use and control and other measures designed to minimize
or eliminate existing or potential flood hazards shall take
precedence over any conflicting provisions of the Zoning
nrH i nAnr -A
- 2 -
SECTION III.
Chapter 21, Article 3, of Section 21 -37 of the Municipal Code
of South Bend, Indiana, be amended by adding the following:
Section 21 -37
(e) All buildings, structures, or uses existing in a designated
flood plain, floodway, or floodway fringe which are not in
full compliance with the provisions of this Ordinance relative
to flood plain management shall be considered to be nonconforming.
In addition to the provisions set forth above, the following
provisions shall be applicable to nonconforming buildings,
structures, or uses located within the F Flood Plain, F -1
Floodway, or F -2 Floodway Fringe District:
(1) A nonconforming building, structure, or use located within
the F -1 Floodway .. District shall not be expanded or
enlarged unless a special permit for construction in a
floodway shall have been issued by the Natural Resources
Commission.
(2) A nonconforming building, structure, or use located within
the F Flood Plain, or F -2 Floodway Fringe District may be
altered, enlarged, or extended, on a one -time -only basis,
provided that such alteration, enlargement, or extension
does not increase the value of the property', excluding the
value of the land, by more than forty per cent (400) of its
pre- improvement market value. Any alteration, enlargement,
or extension of a nonconforming building, structure, or use
which would constitute an increase in the value of the
property, excluding the value of the land, by more than
forty per cent (40 %) shall be in conformance with the
provisions of this Ordinance.
(3) A nonconforming building, structure, or use located within the
F Flood Plain, F -1 Floodway, or F -2 Floodway Fringe District
which is damaged by fire, flood, explosion, act of Cod, or
the public enemy, may be restored to its original dimensions
and conditions, provided the damage does not reduce the
value of the building, excluding the value of the land, by
more than forty per cent (4016) of its pre- damage value.
Where such damage reduces the value of the building, excluding
the value of the land, by more than forty per cent (40 %)
of its predamage value, restoration shall be in conformance
with the provisions of this Ordinance.
SECTION IV.
Chapter 21, Article 6, Section 21- 109(a) of the Municipal Code
of South Bend, Indiana, be amended by adding the following.
Section 21 -109 (a) (11)
In addition to the provisions set forth above, the following
provisions shall be applicable to the issuance of variances
within the F Flood Plain, F -1 Floodway, or F -2 Floodway Fringe
District.
- 3 -
(A) The Board of Zoning :Appeals may grant variances to the
provisions of the F Flood Plain, F -1 Floodway, or F -2
Floodway Fringe District only upon the written approval
of the Natural Resources Commission.
(B) Variances may be granted only in cases where the following
conditions are met:
If a new structure is to be erected on a lot of one -half
are or less in size, contiguous to and surrounded by lots
with existing structures constructed below the flood
protection grade; or
If a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places or a
structure designated by the local legislative body as an
historic landmark is to be restored or reconstructed.
(C) In all instances, variances may be granted only upon:
A showing of qood and sufficient cause;
A determination that failure to grant the variance would
result in exceptional hardship to the applicant;
A determination that issuance of such variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances
cause fraud on or victimization of the public or conflict
with existing local laws and ordinances; and
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(D) In cases where a variance is granted, a notice shall be placed
on the deed to the property stating that the proposed construc-
tion will be located in a flood -prone area. Said notice must
contain a statement of the number of feet that the lowest non -
floodproofed floor of the proposed structure will be below the
level of•the 100 -year flood and that actuarial flood insurance
rates increase as the first floor elevation decreases.
In addition, the Board of Zoning Appeals shall notify the
applicant for said variance in writing that the issuance of
a variance to construct a structure below the base flood
elevation will result in increased flood insurance premium
rates and that such construction below the base flood elevation
increases risks to life and property.
(E) The Board of Zoninc
variance actions
Appeals shall maintain a record of all
ncluding justification for their issuance
and shall include such information in the annual report
submitted to the Federal Insurance Administration. A copy of
said report shall also be sent to the Natural Resources Commission.
- 4 -
SECTION V.
Chapter 21, Article 2, Section 21 -6 of the Municipal Code
of South Bend, Indiana, be amended by adding the following:
For purposes of flood plain regulations, the following
Sec. 21 -6 (c) overlay zoning districts shall be established:
"F" Flood Plain District
"F -1" Floodway District
"F -2" Floodway Fringe District
SECTION VI.
Chapter 21, Article 2, Section 21 -36 of the Municipal Code
of South Bend, Indiana, be amended by adding the following:
Sec.. 21-
36.2 (a) "F" Flood Plain District
The intent of the F Flood Plain District is to guide develop-
ment in areas in which special flood hazards have been
identified by the Federal Insurance Administration in
connection with the National Flood Insurance Program., but
when the regulatory floodway and floodway fringe have not
been delineated by the Administration. An Improvement
Location Permit shall be required foraII,construction and
development in this district.
(b) Permitted Uses
All uses permitted in the zoning district or districts which
the F Flood Plain District overlays shall be permitted in
this district, provided that:
All development proposed in designated flood plain
areas shall be reviewed to determine whether such
development will adversely affect or will be
adversely affected by the flood hazard. The- Building
Commissioner shall forward the proposal to t,ie Natural
Resources Commission for review and written approval
prior to the issuance of a Building Permit.
(c) All uses normally permitted as special exceptions in the
zoning district or districts which the F Flood Plain
District overlays shall be permitted in this district
in accordance with the review procedure set forth above
for permitted uses in the F Flood Plain District.
21 -36.3
(a) "F -1" Floodway District
The intent of this section is to establish.a zoning district
in which to protect an p-rt_, yz� floodways from any encroach-
ment which might adversely affect the efficiency or unduly
restrict the capacity of the floodway. Accordingly fill,
encroachment, new construction, and substantial improvement
of existing structures which would result in any increase in
flood heights within the community during the recurrance of
the 100 -year flood shall be prohibited. An Improvement
Location Permit shall be required for all construction and
development in this district.
- 5 -
(b) Permitted Uses
The following uses shall be permitted in this district and
shall not require a permit from the Natural Resources
Commission, provided that such uses do not involve any
structure, obstruction, deposit, or excavation.
(1) Forrestry, wildlife areas, and nature preserves.
(2) Parks and recreational uses.
(c) The following uses shall require additional consideration as
to their flood damage potential, particularly as they
involve structures, obstructions, deposits, or excavations
which might raise the level of the regulatory flood,
constitute an unreasonable hazard to the safety of life or
property, or result in unreasonably detrimental effects
upon fish, wildlife, and botanical resources.
These uses shall be permitted only if they are otherwise
permitted in the district or districts which the floodway
overlays. These uses shall further require a permit
issued by the Natural Resources Commission prior to the
granting of a special exception by the Board of Zoning
Appeals. All terms and conditions imposed by the Natural
Resources Commission shall be incorporated into any permit
for such use issued by the Building Commissioner and by the
Board. The Board and the Building Commissioner may further
impose greater restrictions in keeping with the intent of
this Ordinance.
(1) Water management and use facilities, such as dams,
docks, dolphins, channel improvements, dikes, jetties,
marinas, piers, wharves, levees, seawalls, floodwalls,
and irrigation facilities.
(2) Transportation facilities such as streets, bridges,
roadways, fords, pipelines, railroads, and utility
transmission facilities.
(3) Temporary or seasonal occupancy, such as carnivals,
fairs, circuses, camps, and amusement parks.
(4)
Water- related urban uses, such as waste -water treatment
facilities, storm sewers, electric generating and
transmission facilities, and water treatment facilities.
(5) Other flood tolerant or open space urban uses, such as
flood - proofed industrial and commercial buildings,race
tracks, tennis courts, park buildings, radio and TV
towers, and parking lots, provided that where floodproofi:
is utilized for a particular structure in accordance with
this provision, a professional architect or engineer
registered in the State of Indiana shall certify to the
Building Commissioner that the floodproofing methods are
reasonably adequate to withstand the flood depths,
pressures, velocities, impact, and uplift forces and
other factors associated with the 100 -year flood, and
upon completion of the structure, that said structure
has been constructed accordingly.
- 6 -
A record of such certification shall be maintained
by the Building Department.
(d) The following uses shall be specifically prohibited in
the F -1 Floodway District:
(1) The location of a new mobile home park or mobile
home subdivision.
(2) Any expansion to an existing mobile home park or
mobile home subdivision.
(3) Any new mobile home not located in a mobile home park
or mobile home subdivision.
Sec. 21 -36.4
(a) "F -2" Floodway Fringe District
The intent of this section is to establish a zoning district
in which to regulate development in areas sensitive to
floods and flood hazards. An Improvement Location Permit
shall be required for all construction and development
in this district.
(b) All uses normally permitted in the zoning district or
districts which the floodway fringe overlays shall be
permitted under the provisions of this section, provided that:
(1) Residential buildings and structures shall be constructed
so that the lowest floor (including the basement) is
elevated to two feet above the regulatory flood profile,
as established by the Natural Resources Commission,
provided, however, in accordance with the provisions of
the National Flood Insurance Program, that the community
may petition the Federal Insurance Administration for an
exception to allow the construction of basements
and /or storm cellars below the required elevation. Sites
on which fill is necessary to meet this provision shall
be buffered from direct contact with flood waters by
extending the fill at such elevation a minimum of 15
feet beyond the perimeter of the building.
(2) Non - residential buildings and structures shall be
constructed so that:
(A) The lowest floor (including the basement) shall be
elevated to two feet above the regulatory flood
profile, as established by the Natural Resources
Commission; or
(B) Together with attendant utility and sanitary
facilities, said building or structure shall be
designed so that below the base flood level the
structure is watertight with walls substantially
impermeable to the passage of water and with
structural components having the capability
of resid.ting hydrostatic and hydrodynamic loads and
effects of buoyancy. Where floodproofing is utilized
for a particular structure in accordance with
this provision, a professional architect or engineer
registered in the State of Indiana shall certify to
the Building Commissioner that the floodproofing
methods are reasonably adequate to withstand the
flood depths, pressures, velocities, impact and
-- 7 -
uplift forces, and other factors associated with
the 100 -year flood and upon completion of the
structure, that said structure has been constructed
accordingly. A record of such certification shall
be maintained by the Building Department.
(C) Sites on which fill is necessary to meet this
provision shall be buffered from direct contact
with flood waters by extending the fill at such
elevation a minimum of 15 feet beyond the perimeter
of the building.
(3) Other flood tolerant or open space urban uses, such as
flood - proofed buildings, race tracks, tennis courts,
park buildings, outdoor theaters, fills truck freight
terminals, radio or TV towers, and parking lots,
provided that where floodproofing is utilized for a
particular structure in accordance with this provision,
a professional architect or engineer registered in the
State of Indiana, shall certify to the Building Commissioner
that the floodproofing methods are reasonably adequate
to withstand the flood depths, pressures, velocities,
impact, and uplift forces, and other factors associated
with the 100 -year flood, and upon completion of the
structure, that said structure has been constructed
accordingly.
(4) On -site waste disposal systems must be located so as
to avoid impairment of them or contamination from them
during the occurrence of the regulatory flood.
(c) Special Exceptions
The provisions set forth for permitted uses in the F -2
Floodway Fringe District shall also be applicable to
special exceptions in the F -2 District.
SECTION VII.
This Ordinance shall be in full force and effect from and
after its enactment, approval by the Mayor, and legal publication.
Mem er of the ommon Council
® I signea oniy to provide an
* words added underlined blic ci__seon
I.. -, ,
„r�n7a-i�;A11 �� t.,LL Pit,,
* words deleted ------------------ - - - - -- and Council action on the issuQ.
1st READING % � ''
P'.E!_iC HEARINd. 1 -a 7 �'
2n,J READING ! ` ,� 3
NOT APPROVED,
REFERRED s r7
PASSED Ct'-j
FILED I% CLERK'S OFFICE
77
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
9 AREqPLAN CO MMISSION
OF ST. JOSEPH COUNTY, IN
Room 1140 County -City Building
The Honorable Common Council
City of South Bend
County -City Building
South Bend, IN 46601
RICHARD S. JOHNSON
Executive Director
South Bend, Indiana 46601 (219) 284 -9571
December 21, 1977
In Re: A proposed ordinance initiated by the Area Plan Commission to
amend the Zoning Ordinance of the City of South Bend, by adding
provisions relative to flood plain regulations, City of South Bend
Gentlemen:
The attached ordinance initiated by the Area Plan Commission was
legally advertised December 10, 1977. The Area Plan Commission gave it
a public hearing on December 20, 1977, at which time the following action
was taken:
"Upon a motion by Earl Kime, being seconded by June
Stratton and carried, the ordinance initiated by the
Area Plan Commission to amend the Zoning Ordinance of the
City of South Bend, by adding provisions relative to flood
plain regulations, City of South Bend, is returned to the
Common Council with a favorable recommendation."
The deliberations of the Area Plan Commission and points considered
in arriving at the above decisison are shown in minutes of the public hearing
and will be forwarded to you at a later date to be made a part of this report.
Attached for your consideration in the review of this matter is the original
ordinance for the above.
Very truly yours?
Richard S, Johnson
Executive Director
RSJ /bsj
attach.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
(foututtttrr Irport
Mo t4t Tommon Tonnrd of tot (gull of #ova# jornb:
Your Committee of the Whole
to whom was referred
A BILL AMENDING AND SUPPLEMENTING ARTICLES 1, 2, 3, AND
6 OF CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA,
GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH
BEND, INDIANA, BY ADDING PROVISIONS RELATIVE TO FLOOD PLAIN
REGULATIONS.
Respectfully report that they have examined the matter and that in their opinion This bill should be recommended
to the Council favorable, as amended, on page 3, Section 21 -37 (1)
remove the word "fringe."
FranHorvath
Chairman
FRE[ PRESS PUBLISHING CO.