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HomeMy WebLinkAbout8415-93 Amending Chapter 21 Zoning Floodplain Regulations ORDINANCE No. 8415-93 Passed by the Common Council of the City of South Bend, Indiana. September 27, Iq_ 93 ra�u -��.,���J Attest: City Clerk IRENE K. GAMMON Attest: _ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 28, 1993 /dam City Clerk IRENE K. GAMMON Approved and signed by me q 1993 Mayor ORDINANCE NO. S le/sr- 93 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, RELATIVE TO FLOODPLAIN REGULATIONS, BY DELETING ARTICLE 12 IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 12 WHEREAS, a 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; and WHEREAS, the City of South Bend, Indiana, has previously adopted an ordinance relative to floodplain regulations; and WHEREAS, there have been recent statutory changes to the "Flood Control Act of 1945" (IC 13-2-22); NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That ARTICLE 12, FLOOD PLAIN REGULATIONS, CHAPTER 21, ZONING, be deleted in its entirety. SECTION II. That CHAPTER 21, ZONING, of the MUNICIPAL CODE be amended by adding the following new ARTICLE: Article 12 FLOODPLAIN REGULATIONS SEC. 21-178 DEFINITIONS. (a) In addition to the definitions contained in ARTICLE 1 GENERAL PROVISIONS, Section 21-1 Definitions, the following definitions shall apply to the Floodplain Regulations of this ARTICLE: (1) Development means any man-made change to improved or unimproved real estate including but not limited to: a. Construction, reconstruction, or placement of a building, structure or any addition to a building or structure valued at more than $1,000; b. Installing a manufactured home or mobile home on a site; preparing a site for a manufactured home or mobile home, or installing a recreation vehicle or trailer on a site for more than 180 days; c. Installing utilities, erection of walls and fences, construction of roads, or similar projects; d. Construction of flood control structures such as levees, dikes, channel improvements, etc.; • • h. Any other activity that might change the direction, height, or velocity of flood or surface waters. Development does not include activities such as the maintenance of existing buildings, structures and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings. (2) Expansion to a manufactured home or mobile home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes or mobile homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. (3) Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. (4) Floodplain means the channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe districts. (5) Flood Protection Grade means the elevation of the regulatory flood plus two feet at any given location in the Special Flood Hazard Area. (6) Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the Regulatory Flood of any river or stream. (7) Floodway Fringe means those portions of the floodplain lying outside the floodway. (8) Letter of Map Amendment means an amendment, issued by the Federal Emergency Management Agency, to the currently effective Federal Emergency Management Agency map that establishes that a property is not located in a Special Flood Hazard Area. (9) Letter of Map Revision means an official revision to the currently effective Federal Emergency Management Agency map issued by the Federal Emergency Management Agency and changes the flood zones, delineations, or elevations. (10) Lowest Floor means the lowest of the following: a. The top of the basement floor; b. The top of the garage floor, if the garage is the lowest level of the building; c. The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or d. The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless: 1. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings, in addition to doorways and windows, having a total area of one (1) square foot for every two (2) square feet of area subject to floodmg. The bottom of all such openings shall be no higher than one (1) foot above grade. 2. Such enclosed space shall be usable for the parking of vehicles and building access. (11) Manufactured Home means a structure, transportable in one or more sections. which is built on a permanent chassis and is designed for use with or without a (12) Manufactured Home Park or Subdivision, Existing means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed before the effective date of this ordinance. (13) Manufactured Home Park or Subdivision, New means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including, at a minimum, the installation of utilities, the construction of streets, or either final site grading or pouring of concrete pads, is completed on or after the effective date of this ordinance. (14) Recreation Vehicle means a vehicle which is: a. Built on single chassis; b. 400 square feet or less when measured at the largest horizontal projections; c. Designed to be self-propelled or permanently towable by an automobile or a light duty truck; and d. Designed not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use. (15) Regulatory Flood means the flood having a one percent probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 21-180 of this ordinance. The "Regulatory flood is also known by the term "Base Flood." (16) Special Flood Hazard Area means those lands within the City of South Bend, Indiana that are subject to inundation by a regulatory flood. The Special Flood Hazard Areas are generally identified as such on the Flood Insurance Rate Maps of the City of South Bend, Indiana prepared and published by the Federal Emergency Management Agency and dated February 17, 1988. Special Flood Hazard Areas of those parts of unincorporated St. Joseph County that are annexed into the City of South Bend are generally identified as such on the Flood Insurance Rate Map prepared for St. Joseph County by the Federal Emergency Management Agency and dated February 17, 1988. (17) Structure means a building or structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days. (18) Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." Sec. 21-179. DUTIES OF THE ADMINISTRATOR. The Zoning Administrator for the City of South Bend, Indiana, is appointed to review all development proposals to insure compliance with this Ordinance, including but not limited to the following duties: (1) Ensure that all development activities within the Special Flood Hazard Areas of the City of South Bend meet the requirements of this Ordinance. (2) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques. (4) Maintain a record of the "as built" elevation of the top of the lowest floor, including basement, of all new and/or substantially improved buildings or structures constructed in the Special Flood Hazard Area. Inspect the buildings and structures before, during and after construction. (5) Maintain a record of the engineer's certificate and the "as built" floodproofed elevation of all buildings subject to Section 21-183 of this Ordinance. (6) Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this Ordinance. Submit reports as required for the National Flood Insurance Program. (7) Maintain for public inspection and furnish upon request regulatory flood data, Special Flood Hazard Area maps, Letters of Map Amendment, Letters of Map Revisions, copies of Indiana Department of Natural Resources permits and letters of recommendation, federal permit documents, and "as built" elevation and floodproofing data for all buildings constructed subject to this Ordinance. Sec. 21-180. REGULATORY FLOOD ELEVATION. (a) This ordinance's protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with "the best available data," the party submitting the detailed engineering study needs to replace existing data with "better data" and submit it to the Indiana Department of Natural Resources for review and approval. (b) The Regulatory Flood Elevation for each Special Flood Hazard Area delineated as an "AH Zone" or an "AO Zone" shall be that elevation, or depth, delineated on the Flood Insurance Rate Maps of the City of South Bend. (c) The Regulatory Flood Elevation for each of the remaining Special Flood Hazard Areas delineated as an "A" Zone on the Flood Insurance Rate Maps of the City of South Bend shall be according to the "best data available" as provided by the Department of Natural Resources. (d) The regulatory flood elevation and floodway limits for the Special Flood Hazard Areas of those parts of unincorporated St. Joseph County that are annexed into the City of South Bend shall be as delineated on the 100 year profiles in the Flood Insurance Study of the County dated February 17, 1988, and the corresponding Flood Boundary and Floodway Maps and Flood Insurance Rate Maps dated February 18, 1988, prepared by the Federal Emergency Management Agency. (e) If the Special Flood Hazard Area is delineated as "AH Zone or AO Zone," the elevation, or depth, will be delineated an the City of South Bend's Flood Insurance Map. If the Special Flood Hazard Area is delineated as "Zone A" on the City of South Bend's Flood Insurance Map, the regulatory flood elevation shall be according to the "best data available" as provided by the Indiana Department of Natural Resources. Sec. 21-181. IMPROVEMENT LOCATION PERMIT (a) No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the Special Flood Hazard Area without first obtaining an Improvement Location Permit from the Zoning Administrator. The Zoning Administrator shall not issue an Improvement Location Permit if the development does not meet the requirements of this Ordinance. (1) The application for an Improvement Location Permit shall be accompanied by the following: a. A description of the proposed development. b. Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams. c. A legal description of the subject property. e. Elevation of top of the lowest floor, including basement, of all proposed buildings, structures and development. Elevation should be in National Geodetic Vertical Datum of 1929 or the North American Vertical Datum. In either case the conversion formula shall be included. (2) Upon receipt of an application for an Improvement Location Permit, the Zoning Administrator shall determine if the site is located within an identified floodway or floodway fringe, or within the floodplain where the limits of the floodway have not yet been determined. a. If the site is in an identified floodway the Zoning Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway. 1. Under the provisions of IC 13-2-22 a permit from the Natural Resources Commission 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, paving, or other such activity undertaken before the actual start of construction of the building. 2. No action shall be taken by the Zoning Administrator until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Zoning Administrator may issue the local Improvement Location Permit, provided the provisions contained in Sections 21-182 and 21-183 of this Ordinance have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission. (3) If the site is located in an identified floodway fringe, then the Zoning Administrator may issue the local Improvement Location Permit provided the provisions contained in Sections 21-182 and 21-183 of this Ordinance have been met. The key provision is that the lowest floor of any new or substantially improved structure shall be at or above the Flood Protection Grade. (4) If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined, shown as Zone A on the Flood Insurance Rate Maps, and the drainage area upstream of the site is greater than one square mile, the Zoning Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment. a. No action shall be taken by the Zoning Administrator until either a permit for construction in the floodway or a letter of recommendation citing the 100 year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources. b. Once the Zoning Administrator has received the proper permit or letter of recommendation approving the proposed development, an Improvement Location Permit may be issued provided the conditions of the Improvement Location Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in Sections 21-182 and 21-183 of this Ordinance have been met. Sec. 21-182 PREVENTING INCREASED DAMAGES. No development in the Special Flood Hazard Area shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. A. Within the floodway identified on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map, the following standards shall apply: 1. No development shall be allowed which acting alone or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood; and B. Within all Special Flood Hazard Areas identified as "Zone A," the following standard shall apply: 1. The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth (0.1) of one foot and will not increase flood damages or potential flood damages. C. Public Health Standards in all Special Flood Hazard Areas: 1. No development in the Special Flood Hazard Area shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the Flood Protection Grade, unless such materials are stored in a floodproofed storage tank or building constructed according to the requirements of Section 21-183 of this Ordinance. 2. New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings are located above the Flood Protection Grade, or those which are located below the Flood Protection Grade are watertight. Sec. 21-183 PROTECTING BUILDINGS In addition to the damage prevention requirements of Section 21-182, all buildings to be located in the Special Flood Hazard Area shall be protected from flood damage below the Flood Protection Grade. A. This building protection requirement applies to the following situations: 1. Construction or placement of any new building greater than 400 square feet or valued at more than $1,000, whichever is less. 2. Structural alterations made to an existing building that increase the market value of the building by more than 50 percent, excluding the value of the land; 3. Any subsequent alterations; 4. Reconstruction or repairs made to a damaged building that are valued at or more than 50 percent of the market value of the building excluding the value of the land before damage occurred; 5. Installing a new manufactured home or mobile home on a new site or a new manufactured home or mobile home on an existing site. This Ordinance does not apply to returning the existing manufactured home or mobile home to the same site it lawfully occupied before it was removed to avoid flood damage; and 6. Installing a recreation vehicle or travel trailer on a site for more than 180 days. B. This building protection requirement may be met by one of the following methods. The Zoning Administrator shall maintain a record of compliance with these building protection standards as required in Section 21-179 of this Ordinance. 1. A residential or nonresidential building may be constructed on a permanent landfill in accordance with the following: (a) The fill shall be placed in layers no greater than 1 foot deep before compacting to 95 percent of the maximum density obtainable with the Standard Proctor Test method. (b) The fill should extend at least ten feet beyond the foundation of the building before sloping below the Flood Protection Grade. (c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical. • (e) The top of the lowest floor, including basements, shall be at or above the Flood Protection Grade. 2. A residential or nonresidential building may be elevated in accordance with the following: (a) The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundations provided: (1) Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings, in addition to doorways and windows, having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade. (2) Any enclosure below the elevated floor is used for storage and building access. (b) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as buoyancy current, waves, ice, and floating debris. (c) All areas below the Flood Protection Grade shall be constructed of materials resistant to flood damage. The top of the lowest floor, including basement, and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the Flood Protection Grade. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the Flood Protection Grade. 3. The manufactured home, mobile home, recreation vehicle, or trailer to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements: (a) The manufactured home or mobile home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the Flood Protection Grade and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes or mobile homes to be placed on a site; (1) Outside a manufactured home or mobile home park or subdivision; (2) In a new manufactured home or mobile home park or subdivision; (3) In an expansion to an existing manufactured home or mobile home park or subdivision; or (4) In an existing manufactured home or mobile home park or subdivision on which a manufactured home or mobile home has incurred "substantial damage" as a result of a flood. (b) This requirement applies to all manufactured homes or mobile homes to be placed on a site in an existing manufactured home or mobile home park or subdivision that has not been substantially damaged by a flood. The manufactured home or mobile home shall be elevated so that the lowest floor of the manufactured home or mobile home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 4. Recreation vehicles or trailers placed on a site shall either: (a) Be on the site for less than 180 consecutive days; (b) Be fully licensed and ready for highway use, defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (a) A Registered Professional Engineer shall certify that the building has been designed so that below the Flood Protection Grade, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. (b) Floodproofing measures shall be operable without human intervention and without an outside source of electricity. Sec. 21-184. OTHER DEVELOPMENT REQUIREMENTS A. The Area Plan Commission shall review all proposed subdivisions to determine whether the subdivision lies in a Flood Hazard Area. If the Area Plan Commission finds the subdivision to be so located, the Area Plan Commission shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Area Plan Commission shall require appropriate changes and modifications in order to assure that: 1. It is consistent with the need to minimize flood damages; 2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; 3. Adequate drainage is provided so as to reduce exposure to flood hazards; 4. On site waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. B. Developers shall record the 100 year flood elevation on all subdivision plats containing lands identified elsewhere by ordinance as within a flood hazard area prior to submitting the plats for approval by the Area Plan Commission. C. All owners of manufactured home or mobile home parks or subdivisions located within the Special Flood Hazard Area identified as "Zone A" on the County's Flood Hazard Boundary Map or Flood Insurance Rate Maps shall develop an evacuation plan for those lots located m the Special Flood Hazard Area and shall have it filed and approved by the St. Joseph County Department of Civil Defense and further file it with the Area Plan Commission. Sec. 21-185. VARIANCES. A. The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this Ordinance provided the applicant demonstrates that in addition to the standards for granting a variance, as contained in IC 36-7-4-918.5: 1. There exist a good and sufficient cause for the requested variance; 2. The strict application of the terms of this ordinance will constitute an exceptional hardship to the applicant; and 3. The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances. B. The Board of Zoning Appeals may issue a variance to the terms and provisions of this Ordinance subject to the following standards and conditions: 1. No variance or exception for a residential use within a floodway subject to Section 21-182 may be granted; 2. Any variances or exceptions granted in a floodway subject to Section 21-182 will require a permit from the Indiana Department of Natural Resources; • • • 4. A variance or exception may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects; 5. All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and 6. The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood msurance premiums. Sec. 21-186. DISCLAIMER OF LIABILITY The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this Ordinance does not create any liability on the part of the City of South Bend, Indiana, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this Ordinance or any administrative decision made lawfully thereunder. Sec. 21-187 VIOLATIONS Failure to obtain an Improvement Location Permit in the Special Flood Hazard Area or failure to comply with the requirements of a 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 the City of South Bend, Indiana. a. A separate offense shall be deemed to occur for each day the violation continues to exist. b. The Zoning Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. c. Nothing herein shall prevent the City of South Bend, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Sec. 21-188. ABROGATION AND GREATER RESTRICTIONS This Ordinance repeals and replaces other ordinances adopted by the City of South Bend, Indiana to fulfill the requirements of the National Flood Insurance Program. However, this Ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this Ordinance repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Ordinance and other ordinances conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. Sec. 21-189. SEPARABILITY The provisions and sections of this Ordinance shall be deemed separable and the invalidity of any portion of this Ordinance shall not affect the validity of the remainder. SECTION III. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor and publication as required by law. • flnmmitirr grpnrt can the Cumin Ulounril of tip Qtitg of*until Mend: Your Committee of the Whole to whom was referred BILL NO. 70-93 PUBLIC HEARING ON A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH, BEND, INDIANA, AS AMENDED, RELATIVE TO FLOODPLAIN REGULATIONS, BY DELETING ARTICLE 12 IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE 12. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, by substitution. Thomas Zakrzewski Chairman AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director / 1140 COUNTY—CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 -z fejt September 22, 1993 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21, Zoning of the Municipal Code of the City of South Bend, Indiana, as amended, to incorporate new provisions relative to floodplain regulations - APC #1538-93 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on July 8, 1993. The Area Plan Commission at its public hearing on September 21, 1993, took the following action: Upon a motion by Tom Hampton, being seconded by Charles Landesman and unanimously carried, the proposed ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21, Zoning of the Municipal Code of the City of South Bend, Indiana, as amended, to incorporate new provisions relative to floodplain regulations is sent to the Common Council with a favorable recommendation. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, • Richard . Johnson RSJ:sr Attachment CC: initiated by the Area Plan Commission Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT July 12, 1993 Area Plan Commission 1538-93 Location: City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to amend South Bend's current regulations concerning development within floodplains. The proposed ordinance would repeal the existing floodplain regulations and replace them with new standards as mandated by changes in State and Federal regulations. The proposed changes are necessary in order to ensure that City residents will continue to be eligible for flood insurance. Most of the existing regulations will remain intact. The required amendments mainly deal with adding new definitions and making adjustments throughout the ordinance with relation to the new or changed definitions. The proposed ordinance has been reviewed by the Indiana Department of Natural Resources to ensure that the amendments are in line with the new State and Federal regulations. AREA . PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY—CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 August 17, 1993 Mr. Stephen J. Luecke, President Common Council of the City of South Bend, Indiana 4th Floor, County City Building South Bend, Indiana 46601 RE: Proposed ordinance to amend the floodplain regulations of the City's Zoning Ordinance Dear Mr. Luecke: Attached please find a proposed ordinance that was initiated by the Area Plan Commission. The proposed ordinance will delete the existing floodplain regulations and replace them with new regulations. As you are aware, the changes are necessary in order to comply with new federal regulations. The attached proposed ordinance may change prior to the Area Plan Commission's public hearing. The Indiana Department of Natural Resources, Division of Water has not yet responded to the draft ordinance which was sent to them. However, due to the time frame in which DNR requires certification of adoption of the new ordinance, it is necessary that we refer the ordinance to you for first reading at your August 23, 1993, Common Council meeting. In order to meet DNR's time frame, we request that you schedule the Common Council's public hearing for your second meeting date in September. If you have any questions or need further information, please do not hesitate to contact me. Sincerely, e W. Byorni Senior Planner Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN