HomeMy WebLinkAboutAmending & Supplementing Chapter 21 Zoning Floodplain Regulations ORDINANCE No. 8116-90
Passed by the Common Council of the City of South Bend,Indiana_
August 27, Iq 90
Attest: ��— City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 28, 90
19
City Clerk
IRENE K. GAMMON
Approved and signed by me September 4 1990
Mayor
BILL NO. ORDINANCE NO. 87/&- q40
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER
21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND, INDIANA, AS AMENDED, AND HEREBY IS
FURTHER AMENDED TO INCORPORATE PROVISIONS
RELATIVE TO FLOODPLAIN REGULATIONS.
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, it is in the public interest to control land uses
so as to minimize or eliminate existing or potential flood
hazards within such areas;
NOW, THEREFORE, be it ordained by the Common Council of
the City of South Bend, Indiana, as follows:
SECTION I .
That ARTICLE 1, GENERAL PROVISIONS, CHAPTER 21, ZONING, be
amended by deleting the following definitions;
Subsection 21-1 (a) (46) Federal Insurance Administration.
Subsection 21-1 (a) (47) Flood.
Subsection 21-1 (a) (48) Flood hazard area.
Subsection 21-1 (a) (49) Flood protection grade.
Subsection 21-1 (a) (50) Floodplain.
Subsection 21-1 (a) (51) Floodproofed building.
Subsection 21-1 (a) (52) Floodproofing.
Subsection 22-1 (a) (53) Floodway.
Subsection 22-1 (a) (54) Floodway fringe.
Subsection 22-1 (a) (67) Improvement location permit.
Subsection 22-1 (a) (97) Regulatory flood profile.
Subsection 22-1 (a) (110) Substantial improvement.
SECTION II .
That ARTICLE 1, GENERAL PROVISIONS, CHAPTER 21, ZONING, be
amended by deleting Subsection 21-4 (b) , Flood hazard
areas, in its entirety.
ti e
Section 21-36. 3 "F-1" Floodway District: Intent; uses, and
Section 21-36.4 "F-2" Floodway Fringe District: Intent:
permitted uses.
SECTION IV.
That ARTICLE 2, USE DISTRICT REGULATIONS, CHAPTER 21,
ZONING, be amended by renumbering Subsection 21-6 (d) to
become 21-6 (c) .
SECTION V.
That ARTICLE 3, NONCONFORMING USES, CHAPTER 21, ZONING, be
amended by deleting the Section 21-37 (e) , in its entirety.
SECTION VI .
That ARTICLE 6, BOARD OF ZONING APPEALS, CHAPTER 21,
ZONING, be amended by deleting Subsection 21-109 (a) (9) in
its entirety.
SECTION VII .
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 or any addition to a building 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
tra i 1 ar nn a ai to fnr mnra than 1 Rn r7ava
e. Mining, dredging, filling, grading,
excavation, or drilling operations;
f. Construction and/or reconstruction of
bridges or culverts;
g. Storage of materials; or
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 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 of 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) Lowest Floor means the lowest of the following:
a. The basement floor;
b. The garage floor, if the garage is the
lowest level of the building;
c. The first floor of buildings elevated on
pilings or constructed on a crawl space with permanent
openings; or
d. 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, 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
floor area subject to flooding. The bottom of all such
openings shall be no higher than one (1) foot above the
enclosed area's flan_
a. Built on a single chassis;
b. 400 Square feet or less when measured at the
largest horizontal projections;
c. Designed to be self-propelled or towable by
a light duty truck or an automobile; and
d. Designed not for use as a permanent
dwelling, but as temporary living quarters for
recreational camping, travel , or seasonal use.
(8) Regulatory Flood means the flood having a one
percent probability of being equalled 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.
(9) Special Flood Hazard Area means those lands
within the City of South Bend and St. Joseph County,
Indiana that are subject to inundation by the regulatory
flood. The Special Flood Hazard Areas are generally
identified as such on the Flood Insurance Rate Maps of the
City and County prepared and published by the Federal
Emergency Management Agency.
(10) Substantial Improvement means any
reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or
exceeds 40 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 structures continued
designation as an "historic structure" .
Sec. 21-179 . DUTIES OF THE ADMINISTRATOR.
The Zoning Administrator for the City of South Bend
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 meet the
requirements of this Ordinance.
(2) Provide information and assistance to
citizens upon request about permit procedures and
floodplain construction techniques.
(3) Ensure that construction authorization has
been granted by the Indiana Natural Resources Commission
for all development projects subject to Section 21-182 of
this Ordinance, and maintain a record of such
authorization, by either a copy of actual permit or letter
of recommendation.
(4) Maintain a record of the "as built"
PI P_csati nn of thra 1 nmmQt f1 nnr of =11 nem =nA/nr
(6) Cooperate with state and federal
floodplain management agencies to improve regulatory 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, 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 may submit a detailed
engineering study, prepared by a Registered Professional
Engineer, to replace "the best available data" and submit
it to the Department of Natural Resources for review and
approval .
(b) The Regulatory Flood Elevation for the Special
Flood Hazard Areas of South Bend, Indiana shall be as
delineated on the 100 year flood profiles in the Flood
Insurance Study of the City of South Bend prepared and
published by the Federal Emergency Management Agency.
(c) The Regulatory Flood Elevation for each Special
Flood Hazard Area delineated as an "AH Zone" or "AO Zone"
shall be that elevation delineated on the Flood Insurance
Rate Maps of the City of South Bend.
(d) 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 available data"
as provided by the Department of Natural Resources.
(e) The Regulatory Flood Elevation for the Special
Flood Hazard Areas of those parts of the unincorporated
area of St. Joseph County, Indiana that are annexed into
the City shall be as delineated on the 100 year flood
profiles in the Flood Insurance Study of St. Joseph
County, Indiana prepared and published by the Federal
Emergency Management Agency for St. Joseph County,
Indiana.
If the Special Flood Hazard Area is delineated
as "AH Zone" or "AO Zone, " the elevation will be
delineated as "Zone A" on the St. Joseph County, Indiana
Insurance Rate Maps. If the Special Flood Hazard Area is
delineated as "Zone A" on the St. Joseph County Flood
Insurance Rate Maps, the regulatory flood elevation shall
be according to "the best available data" as provided by
the Department of Natural Resources.
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 property.
d. A site development plan showing existing and
proposed structure locations and existing and proposed
land grades.
e. Elevation of lowest floor of all proposed
structures. Elevation should be in National Geodetic
Vertical Datum of 1929 .
(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 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 and paving
etc. 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
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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 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
Maps, the following standards shall apply:
1. No development shall be allowed which
acting alone or in combination with existing or future
similar works, will cause any increase in the elevation of
the regulatory flood; and
2 . For all projects involving channel
modifications or fill , including levees, the City of South
Bend shall submit a request to the Federal Emergency
Management Agency to revise the regulatory flood data.
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 storage tank or floodproofed building
constructed according to the requirements of Section
21-183 of thin ArAi Hamm
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 valued at more than $1,000;
2. Structural alterations made to an existing
building that increase the market value of the building by
more than 40 percent excluding the value of the land;
3. Reconstruction or repairs made to a damaged
building that are valued at or more than 40 percent of the
market value of the building excluding the value of the
land before damage occurred;
4. Installing a 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
5. Installing a recreation vehicle or 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 .
(d) . The fill shall not adversely affect
the flow of surface drainage from or onto neighboring
properties.
(e) . The lowest floor shall be at or
above the Flood Protection Grade.
(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 floor area subject
to flooding. The bottom of all such openings shall be no
higher than one (1) foot above the enclosed area's floor.
(2) . Any enclosure below the
elevated floor is used for nonresidential purposes 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 current, waves, ice,
and floating debris.
(c) . All areas below the Flood Protection
Grade shall be constructed of materials resistant to flood
damage. The lowest floor 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) . 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 f l ntat i nn_ rnl l ar,ma_ ar►ri l cetera l mnnomon+ T),i m
(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
(c) . Meet the requirements for "manufact-
ured homes or mobile homes" in Subsection 21-183 B 3.
5 . A nonresidential building may be
floodproofed to the Flood Protection Grade, in lieu of
elevating, if done in accordance with the following:
(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_
A" and shall have it filed and approved by the St. Joseph
County Department of Civil Defense and further shall file
it with the Area Plan Commission.
Sec. 21-185. VARIANCES.
A. The Board of Zoning Appeals may grant 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,
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 for a residential use within a
floodway subject to Section 21-182 may be granted.
2. Any variance granted in a floodway subject
to Section 21-182 will require a permit from the Indiana
Department of Natural Resources.
3. Variances to the Building Protection
Standards of Section 21-183 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.
4. A variance 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 that the
proposed construction will be subject to increased risks
to life and property and could require payment of
excessive flood insurance 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, the Indiana Department of Natural Resources,
nr the Stag of Tmli aria_ fnr any fl nnri Ammaerm
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.
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 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 VIII.
This Ordinance shall be in full force and effect from and
after its enactment, approval by the Mayor and publication
as required by law.
1 A
Member, the` ' moron c;,)- cif
City of S1i"h Ben• uncil
COMPILERS NOTES:
1. Be careful not to delete Subsection 21-109 (b) which is
immediately beneath item (E) of 21-109 (a) (9) . Subsection
21-109 (b) has not been deleted.
1st READING II_
PUBLIC' HEARING $-`V Y-qQ
3 rd READING $-a.1-cQ
NOT APPROVED
REFERRED
PASSED r-a 7-40 as GL& ,4 132-U. 2`t-&-,-•
a ,
AREA PLAN COMMISSION RICHARD S. JOHNSON
OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
July 23, 1990 56- 90
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 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
#1355-90
Dear Council Members:
The above referenced ordinance of Initiated by the Area Plan Commission was
legally advertised July 5, 1990 and July 7, 1990. The Area Plan Commission at
its public hearing on July 17, 1990, took the following action:
Upon a motion by Sean Coleman, being seconded by Ed Pollock and unanimously
carried, the proposed ordinance initiated by the Area Plan Commission amending
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, as amended.
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 S. Johnson
RSJ:sr
Attachment
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
1 ,
STAFF REPORT July 9, 1990
Initiated by The Area Plan Commission 1355-90
City of South Bend
REOUESTED ACTION: This ordinance amends Chapter 21 , Zoning, of the Municipal
Code of the City of South Bend, Indiana, as amended, to incorporate new
provisions relative to floodplain regulations.
In 1989 the Federal Emergency Management Agency revised the National Flood
Insurance Program. The revisions change the criteria applicable to the
placement or substantial improvement of manufactured homes in flood hazard
areas.
This ordinance, therefore, amends all pertinent Sections of the Zoning Code as
they pertain to flood plains, floodways, or flood areas in the City of South
Bend to incorporate the new regulations.
e
Date Filed Application No. 1355-90
Date received by the Area Plan Commission
We the undersigned make application to the Common Council of the
City of South Bend, Indiana to amend the zoning ordinance as herein
requested.
1) The property affected is located at :
All property designated as flood-prone by Federal Emergency
Management Agency
2) This amendment is requested to allow the following use:
This amendment is requested to bring South Bend into compliance
with recent changes in the National Flood Insurance Program.
AREA PLAN COMMISSION
PETITION PREPARED BY:
Area Plan Commission
11th Floor, County-City Building
South Bend, IN 46601