HomeMy WebLinkAbout10072-11 Amend Code- Ch.21 Zoning, Article 12, Floodplain Regulations ref:10037-10 ORDINANCE No . 10072-11
Passed by the Common Council of t/ze City of South Bend,India�za
February 14 20 11
Attest: Ciry Clerk
JO VO DE
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 18 2� 11
City Clerk
JO VOO DE
Approved and signed by me 20
/�-� Maybr
BILL NO.
ORDINANCE NO. �����--�`
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN
REGULATIONS IN ORDER TO MAKE CORRECTION5 IN ORDINANCE NO. 10037-10.
STATEMENT OF PURPOSE AND 1NTENT
The purpose of this ordinance is to amend Chapter 21 of the South Bend Municipal Code,
Article 12, Floodplain Regulations to reflect changes in the Indiana Code.
The Common Council of the City of South Bend recognizes its duty to enact amendments
to the Floodplain Regulations in order to continue to qualify for participation in the National
Flood Insurance Program.
The Common Council further recognizes that a new study of the flood-prone areas in the
City of South Bend, Indiana,has been prepared and published by the Federal Emergency
Management Agency, and identifies the floodplains, floodways and floodway fringe areas within
the City in conjunction with 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. That CHAPTER 21, ARTICLE 12, FLOODPLAIN REGULATIONS, be
amended as follows:
21-12 (b) (46) (F) i .�. „ii� o ao oa +� „+„ .,+:,..,i�. „t;���,v_�,�„�.. ��.,t,�_flma
� � . .,».. �.., „»,. ,. �.. +�,o +..., a •. �� ,� * ,.� • �
ivrC-E,'� 0'ir crr�cn[r�-Car�°c#ir-o'rrzvvcr'o'�"ur°cr�� ati;.7igircc�-�v
; , the walls are designed to automatically equalize the
hvdrostatic flood forces on the walls bv allowin� for the entr� and exit of flood
waters b�providing a minimum of two openin�in addition to doorwa�and
windows) in a minimum of two exterior walls havin� a total net area of one (1)
s�c uare inch for everv one square foot of enclosed area. The bottom of all such
openi�s shall be no hi�her than one (1 foot above the exterior �rade or the interior
grade immediately beneath each openin� whichever is higher and shall be located
entirelv below the BFE; and,
21-12 (b) (69) Regulatory flood means the flood having a one percent (1%) chance of
being equaled or,exceeded in any given year, as calculated by a method and
procedure that is acceptable to and approved by the Indiana Department of Natural
Resources and the Federal Emergency Management Agency. The regulatory flood
elevation at any location is as defined in 21-12 (c) � �2,� of this ordinance. The
"Regulatory Flood" is also known by the term "Base Flood", "One-Percent Annual
Chance Flood", and"100-Year Flood".
21-12 (c) (9) Penalties for Violation.
Failure to obtain a Floodplain Development Permit in the SFHA or failure to
comply with the requirements of a Floodplain Development Permit or conditions
of a variance shall be deemed to be a violation of this ordinance. All violations
shall be considered a common nuisance and be treated as such in accordance with
the provisions of the Zoning Code for South Bend, Indiana. All violations shall
be punishable by a fine ri^+ °°^°°�';��-: See Section 21-10(h) Enforcement- Fines
for a schedule of fines.
21-12 (d) (2) (A) vii. Description of the extent to which any watercourse will be altered
or�ek�ec�relocated as a result of proposed development, and;
21-12 (d) (3) (C) Ensure that construction authorization has been granted by the Indiana
Department of Natural Resources for all development projects subject to �ec�e�
�°� �c� ��a �°� ��� �^� Section 21-12(e�(5) and Section 21-12(e)L2A) of this
ordinance, and maintain a record of such authorization (either copy of actual
permit or floodplain analysis/regulatory assessment.)
21-12 (d) (3) (I) Verify and record the actual elevation of the lowest floor (including
basement) of all new or substantially improved structures, in accordance with
Section 21-12 (d) (2);
21-12 (d) (3) (J) Verify and record the actual elevation to which any new or substantially
improved structures have been floodproofed, in accordance with Section 21-12
(d) �2);
21-12 (e) (1) (E) Electrical, heating, ventilation, plumbing, air conditioning equipment,
utility meters, and other service facilities shall be located at/above the FPG or
designed so as to prevent water from entering or accumulating within the
components below the FPG. Water and sewer pipes, electrical and telephone
lines, submersible pumps, and other waterproofed service facilities may be
located below the FPG;
Page 2 of 6
21-12 (e) (2) (A) In addition to the requirements of Section 21-12 (e) (1), all structures to
be located in the SFHA shall be protected from flood damage below the FPG.
This building protection requirement applies to the following situations:
i. Construction or placement of any new structure having a floor area greater than
400 square feet; or
21-12 (e) (2) (B) Residential Construction. New construction or substantial improvement
of any residential structure (or manufactured home) shall have the lowest floor;
including basement, at or above the FPG (two feet above the base flood
elevation). Should solid foundation perimeter walls be used to elevate a structure,
openings sufficient to facilitate the unimpeded movements of floodwaters shall be
provided in accordance with the standards of Section 21-12 (e) (2) (D).
21-12 (e) (2) (C) Non-Residential Construction. New construction or substantial
improvement of any commercial, industrial, or non-residential structure (or
manufactured home) shall either have the lowest floor, including basement,
elevated to or above the FPG (two feet above the base flood elevation) or be
floodproofed to or above the FPG. Should solid foundation perimeter walls be
used to elevate a structure, openings sufficient to facilitate the unimpeded
movements of floodwaters shall be provided in accordance with the standards of
Section 21-12 (e) (2) (D). Structures located in all "A Zones" may be
floodproofed in lieu of being elevated if done in accordance with the following:
i. A Registered Professional Engineer or Architect shall certify that the
structure has been designed so that below the FPG, the structure and
attendant utility facilities are watertight and capable of resisting the effects
of the regulatory flood. The structure design shall take into account flood
velocities, duration, rate of rise, hydrostatic pressures, and impacts from
debris or ice. Such certification shall be provided to the official as set forth
in Section 21-12 (d) (3) (J).
21-12 (e) (2) (D) Elevated Structures. New construction or substantial improvements of
elevated structures shall have the lowest floor at or above the FPG.
Elevated structures with fully enclosed areas formed by foundation and other
exterior walls below the flood protection grade (crawlspaces or under floor
spaces) shall be designed to preclude finished living space and designed to allow
for the entry and exit of floodwaters to automatically equalize hydrostatic flood
forces on exterior walls. Designs�°^ „'�,:��• ,:*'� *'�:� r �*must°��
��-ee�€re�-b}�--ft-��e€e�ss�e�-e�g�eer--er--�c�i��ec�-s� meet the following
minimum criteria:
i. provide a minimum of two openings located in a minimum of two exterior
walls �having a total net area of not less than one square inch for every one
square foot of enclosed area; and
Page 3 of 6
21-12 (e) (2) (E) i. The fill shall be placed in layers no greater than 1 foot deep before
compacting to 95% of the maximum density obtainable with �e either the
Standard or Modified Proctor Test method.
21-12 (e) (2) (F) iii. Manufactured homes with fully enclosed areas formed by
foundation and other exterior walls below the flood protection grade (crawlspaces
or under floor spaces) shall be designed to preclude finished living space and
designed to allow for the entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls as required for elevated structures in
Section(���83 21-12 (e�2Z(D).
21-12 (e) (5) (A) Located within SFHAs, established in Section 21-12 (c) (2) of this
ordinance, are areas designated as floodways. The floodway is an extremely
hazardous area due to the velocity of floodwaters, which carry debris, potential
projectiles, and has erosion potential. If the site is in an identified floodway, the
Floodplain Administrator shall require the applicant to forward the application,
along with all pertinent plans and specifications, to the Indiana Department of
Natural Resources and apply for a permit for construction in a floodway. Under the
provisions of IC 14-28-1 a permit for construction in a floodway from the Indiana
Department of Natural Resources 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 and paving etc. undertaken before the actual start of construction
of the structure. However, it does exclude non-substantial additions/improvements
to existing (lawful) residences in a non-boundary river floodway. (IC 14-28-1-26
allows construction of non-substantial additions/ improvements to residences in a
non-boundary river floodway without obtaining a permit for construction in the
floodway from the Indiana Department of Natural Resources. Please note that if fill
is needed to elevate an addition above the existing grade, prior approval
(construction in a floodway permit) for the fill is required from the Indiana
Department of Natural Resources.)
21-12-(e) (5) (B)No action shall be taken by the Floodplain Administrator until a permit
(when applicable) has been issued by the Indiana Department of Natural Resources
granting approval for construction in the floodway. Once a permit for construction
in a floodway has been issued by the Indiana Department of Natural Resources, the
Floodplain Administrator may issue the local Floodplain Development Permit,
provided the provisions contained in Section 21-12 (e) of this ordinance have been
met. The Floodplain Development Permit cannot be less restrictive than the permit
for construction in a floodway issued by the Indiana Department of Natural
Resources. However, a community's more restrictive regulations (if any) shall
take precedence.
21-12 (e) (5) (6) Standards for ldentified Fringe.
If the site is located in an identified fringe, then the Floodplain Administrator may
issue the local Floodplain Development Permit provided the provisions contained in
Page 4 of 6
Section 21-12 (e) of this ordinance have been met. The key provision is that the top
of the lowest floor of any new or substantially improved structure shall be at or
above the FPG.
21-12 (e) (7) (A) iii. Once the Floodplain Administrator has received the proper permit
for construction in a floodway or floodplain analysis/regulatory assessment
approving the proposed development, a Floodplain Development Permit may be
issued provided the conditions of the Floodplain Development Permit are not less
restrictive than the conditions received from the Indiana Department of Natural
Resources and the provisions contained in Section 21-12 (e) of this ordinance have
been met.
21-12 (e) (7) (B) (ii) Upon receipt, the Floodplain Administrator may issue the local
Floodplain Development Permit, provided the provisions contained in Section 21-
12 (e) of this ordinance have been met.
21-12 (e) (8) Standards for Flood Prone Areas. All development in known flood prone
areas not identified on FEMA maps, or where no FEMA published map is available,
shall meet general standards as required per Section �°`�"�^` *'���•��-'� «'` 21-1?(el
�1) (A)through(K) of this ordinance.
21-12 (� (4) (B) No variance for a residential use within a floodway subject to Sections
21-12 (e)(5) or Section 21-12 (e)(7)(A) of this ordinance may be granted.
21-12 (� (4) (C) Any variance granted in a floodway subject to Sections 21-12 (e)(5) or
Section 21-12 (e)(7)(A) of this ordinance will require a permit from the Indiana
Department of Natural Resources.
21-12 (� (4) (D) Variances to the Provisions for Flood Hazard Reduction of Section 21-
12 (e)(2) of this ordinance, may be granted only when a new structure is to be
located on a lot of one-half acre or less in size, contiguous to and surrounded by
lots with existing structures constructed below the flood protection grade.
21-12 (� (4) (G) Any application to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation and the
elevation to which the lowest floor is to be built and stating that the cost of the
flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation(see Section 21-12 (fl(5).
21-12 (fl (4) (H) The Floodplain Administrator shall maintain the records of appeal
actions and report any variances to the Federal Emergency Management Agency
or the Indiana Department of Natural Resources upon request (see Section 21-12
���5)•
21-12 (fl (5) (B) Such construction below the base flood level increases risks to life and
property. A copy of the notice shall � be recorded by the owner in the Office of
the County Recorder and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
Page 5 of 6
21-12 (� (7) Special Conditions
Upon the consideration of the factors listed in Section 21-12 (�, and the purposes
of this ordinance, the St. Joseph County Area Board of Zoning Appeals may
attach such conditions to the granting of variances as it deems necessary to further
the purposes of this ordinance.
Section 2. This ordinance shall be in full force and effect after its enactment, approval by
the Mayor,publication as required by law, and made retroactive to Janu , 2 1.
Member, The Common Council,
City of South Bend
Ci Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the�day of
�'e� _,2011, at 3 ��.� o'clock_�._m.
�=:�'��.,�,�-�cs.�'�-�
City�lerk � ��
Approved and signed by me on the 2��f day of� ,2011
,at : 0 o'clock Gz.m.
� �� �
Mayor of the ty f South Bend, Indiana
F�l�� tn �terk'� ���ice
J Ar� � 5 2o1i
1 st READ,NG �-'�0 J�'1
PUBLIC H�%\;'.i�!G�—��-"�1 �Ct.ii�V..^.^uA7E
3 rd �'EAD:iJG C1T`(Cl�.'r;K,��^•��'=P�'1,It�l.
L��`��,
NOT kPPROVED Page 6 of 6
REFERRED
PASSED 'L„-��—��
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
02-11 A BILL OF THE COMMON GOUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 21,
ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN
ORDER TO MAKE CORRECTIONS IN ORDINANCE NO.
10037-10
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation. This bill was heard by the Zoning and Annexation committee.
Timothy A. Rouse
Chairperson, Committee of the Whole
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, lndiana 46601
John W. Byorni Larry P. Magliozzi
Executive Director Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
January 4, 2011
Derek Dieter, President
City of South Bend Common Council
Fourth Floor, County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: Floodplain Ordinance Amendment
Dear Mr. Dieter:
Attached is a proposed ordinance that was initiated by the Area Plan Commission. The
purpose of this ordinance is to correct scrivener enors in the floodplain regulations that
were recently adopted by the City and approved by the Indiana Department of Natural
Resources on behalf of the Federal Emergency Management Agency. The new
regulations and maps will be effective on January 6, 201 L
Please place this proposed ordinance on the January 10, 2011, Common Council agenda
for first reading. The Area Plan Commission will heaz this ordinance on January 18,
2011.
If you have any questions,please feel free to contact me.
Sincerely,
G!� , J'�} A
� i r „tf�;; �.6���^�+
O�lll W. By0 ��iP''��, i�'l �ii»c tc .,.: at,�
J A':�: - 5 2011
CIT�r�i.'f 1..�....�•�r
�`.��.���Y:f� i,f��.�7�111,
...,.�,._:...�._ .
� � ��
Serving South Bend,Lakeville,New Carlisle,North Liberty,Osceola,Roseland and St.Joseph County,Indiana
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni Larry P. Magliozzi
Executive Director Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
January 19,2011
The Honorable Council of the City of
South Bend
4th Floor,County-City Building
South Bend, IN 46601
RE: An Ordinance initiated by the Area Plan Commission of St.Joseph County,amending
Chapter 21,Zoning, Section 21-12,Floodplain Regulations, of The Municipal Code of The
City of South Bend, St.Joseph County, Indiana-APC#2576-10
Dear Council Members:
I hereby Certify that the above referenced ordinance was legally advertised on Thursday,January
6,2011 and that the Area Plan Commission at its public hearing on Tuesday,January 18,2011
took the following action:
Upon a motion by Ann Puzzello,being seconded by Robert Hawley and unanimously
carried, the Ordinance initiated by the Area Plan Commission of St.Joseph County,
amending Chapter 21,Zoning, Section 21-12,Floodplain Regulations,of The
Municipal Code of The City of South Bend, St.Joseph County, Indiana is sent to the
Common Council with a favorable recommendation.The purpose of this ordinance is
to provide additional changes to tbe floodplain regulations that were recently
adopted.The changes are being made at the reqaest of the Indiana Department of
Natural Resources(DNR).
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the minutes of the public hearing,and will be forwarded to you at a later
date to be made a part of this report.
Sincerely,
���� �
'hn W.Byo ' •
JWB jsc
Attachment �r-'ii`�� P�'� �^° :;'_,�� ���:fr�
es 4r�> :,s ,
�
�APJ 1 �; _.,;i
,,,�:.,—
,�:���s���;.,���
c;TY f.'?i;r;; ���. ��;',R,1�; /�
Serving South Bend,Lakeville,New Carlisle,North Liberty,Osceola,Roseland and St.Joseph County,Indiana
Staff Reaort
APC# 2576-10
Owner: APC Initiated
Location: Text Amendment
Jurisdi�tioa: City of South Bend
Requested Action:
An Ordinance initiated by the Area Plan Commission of St. Joseph County, amending Chapter
21, Zoning, Section 21-12, Floodplain Regulations, Of The Municipal Code Of The City Of
South Bend,St.Joseph County, Indiana.
History:
The Federal Emergency Management Agency prepared a new study of flood-prone azeas
throughout St. Joseph County, Indiana which identifies the floodplains, floodways and floodway
fringe areas in conjunction with the National Flood Insurance Program. In addition,a new model
ordinance had been prepared to use as a template to revise local ordinances.
In August 2010, the Area Plan Commission heard, and gave a favorable recommendation to an
updated floodplain ordinances in anticipation of the new maps, effective January 6, 2011. The
ordinance was approved by the Common Council on October 1, 2010 as Ordinance No. 10037-
10.
The Area Plan Commission staff was informed by the Indiana Department of Natural Resources
(DNR)that additional changes were needed. The ordinance addresses those changes.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the petition be
sent to the Common Council with a favorable recommendation.
Analysis:
The purpose of this ordinance is to provide additional changes to the floodplain regulations that
were recently adopted.The changes are being made at the request of the Indiana Department of
Natural Resources(DNR).
#2576-10
Page 1 of 1
o`�s��� I�H/,8�o .
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,:,�„� �!;� City of South Bend
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� � -� a Common Council
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1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fag (574) 235-9173
http://www southbendin.gov
Derek D. Dieter
President
January 26, 2011
Oliver J. Davis
Vice-President Mr. John W. Byorn1,
Timochy A. Rouse Executive Director
Chairperson, Commitcee Area Plan Commission of St. Joseph County
of the Whole 1140 County-City Building ,
South Bend, Indiana 46601
Derek D. Dieter
First District Re: Bill No. O1-11
Henry Davis, Jr. Proposed Ordinance to Amend Section 21-01.03 of the South
Second District Bend Municipal Code
Process to Certify Non-Conforming Lots,Uses, Buildings,
Thomas LaFountain Structures or Signs •
Third District
Dear Mr. Byorni:
Ann Puzzello
Fourth District I would like to confirm that at the January 24, 2011 meeting of the Zoning
David Varner and Annexation Committee, under "Miscellaneous Business" I discussed
Fifch Discricr the fact that I would be sponsoring a text amendment to the South Bend
Municipal Code to formally establish a process addressing non-
Oliver J. Davis conforming uses.
Sixth District
It is my understanding, that in light of Indiana Code 36-7-4, that such text
A1 "Buddy" Kirsics amendments require notification to a majority of the Common Council of
At Large such submission. The Zoning and Annexation Committee meetings will
Timothy A. Rouse reflect the discussions which took place, and that the Council Members
Ar Large present are aware of its filing.
Karen L. White Thank you.
At Large
Sinc ely,
�/��'l/I'Ll
C. cil mber Ann Puzzello
4�'District Council Member
South Bend Common Council