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HomeMy WebLinkAboutAmending Chapter 21 Zoning Modifying Floodplain Regulations ORDINANCE No. 7494-85 Passed by the Common Council of the City of South Bend, Indiana July 22, 19 85 4-Q---c-e- Attest: � City Clerk / IRENE K. GAMMON „ d Attest: 7,./%0-(A17.--(2._-- I 1 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 23, i9 85 City Clerk IRENE K. GAMMON Approved and signed by me JILLI 231 zg D5 I L/ Mayor • ORDINANCE NO. 7`/9Y--8s' AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 , ZONING, OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, AS AMENDED, BY MODIFYING PROVISIONS RELATIVE TO FLOOD- PLAiN REGULATIONS AS PRESCRIBED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY STATEMENT OF PURPOSE AND INTENT The City of South Bend has adopted provisions relative to floodplain regulations, so as to minimize or eliminate existing or potential flood hazards within such areas; and It is in the public interest for the City of South Bend to continue participation in the National Flood Insurance Program; and Certain provisions of the Municipal Code of South Bend, Indiana must be modified to establish compliance with the regulatory requirements of 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 Article 1 , General Provisions, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by deleting in their entirety the following Sub-Sections of Section 21-1 (a): Sec. 21-1 (a)(22.5) Floodplain. Sec. 21-1(a)(22.8) Floodway. Sec. 21-1 (a)(22.9) Floodway fringe. Sec. 21-1 (a)(54.1 ) Substantial improvement. SECTION II . That Article 1 , General Provisions, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by adding the following Sub-Sections to Section 21-1 (a): Sec. 21-1 (a)(22.5) Floodplain means the area adjoining a river or stream, which has been or which may hereafter be flooded, so designated in the "Flood Insurance Study for the City of South Bend, Indiana", dated February 1 , 1978, prepared by the Federal Insurance Administration. Sec. 21-1 (a)(22.8) Floodway means the channel of a river or stream and those portions of the floodplain which are reasonably required to efficiently carry or discharge the flood water of the river or stream, so designated in the "Flood Insurance Study for the City of South Bend, Indiana", dated February 1 , 1978, prepared by the Federal Insurance Administration. Sec. 21-1(a)(22.9) Floodway fringe means that portion of a flood hazard area outside the limits of the floodway, so designated in the "Flood Insurance Study for the City of South Bend, Indiana", dated Fehruary 1 _ 107R nranarc,1 h.. I...... exceeds forty percent (40%) 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. SECTION III . That Article 3, Nonconforming Uses, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by deleting in their entirety the following Sub-Sections of Section 21-37(e): Sec. 21-37(e)(1 ) Sec. 21-37(e)(2) SECTION IV. That Article 3, Nonconforming Uses, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by adding the following Sub-Sections to Section 21-37(e): Sec. 21-37(e)(1) A nonconforming building, structure, or use located within the "F-1" Floodway or the "F" Floodplain District shall not be expanded or enlarged unless a special permit for construction in a floodway or an appropriate letter of recommendation has been issued by the Natural Resources Commission. Sec. 21-37(e)(2) A nonconforming building, structure, or use located within the "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 percent (40%) 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 percent (40%) shall be in conformance with the provisions of this Chapter. SECTION V. That Article 6, Board of Zoning Appeals, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by deleting in its entirety the following Sub-Section of Section 21-109(a)(11 )(B): Sec. 21-109(a)(11 )(B)2. SECTION VI . That Article 6, Board of Zoning Appeals, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by adding the following Sub- Section to Section 21-109(a)(11) (B) : Sec. 21-109(a)(11 )(B)2. If a structure listed on the National Register SECTION ViI . That Article 2, Use District Regulations, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by deleting in its entirety the following Sub-Section of Section 21-36.4(b): Sec. 21-36.4(b)(1) SECTION VIII . That Article 2, Use District Regulations, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by adding the following Sub- Section to Section 21-36.4(b): Sec. 21-36.4(b)(1) Residential buildings and structures shall be constructed so that the lowest floor ( including the basement) is elevated to two (2) feet above the regulatory flood profile, as established by the Federal Insurance Administration. 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 fifteen (15) feet beyond the perimeter of the building. SECTION IX. That Article 2, Use District Regulations, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by deleting in its entirety the following Sub-Section of Section 21-36.4(b)(2): Sec. 21-36.4(b)(2)(B) SECTION X That Article 2, Use District Regulations, of Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, be amended by adding the following Sub- Section to Section 21-36.4(b)(2): Sec. 21-36.4(b)(2)(B) Together with attendant utility and sanitary facilities, said building or structure shall be designed so that the flood protection grade shall be at least two (2) feet above the regulatory flood profile. The structure shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting 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 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 Department of Code Enforcement. SECTION XI . This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Vt( Member of the Co, on Council FILED IN CLERK'S OFFICE JUN 2 7 1985 IRENE GAMMON 1st READ;?;!G 7- 7-15- CITY CLERK, SO. BEND, IN PUBLIC HEARING 7— 2nd READING 7— a NOT APPROVED REFERRED DAecen r-s _ Ql nmmtttn V port 0!n the emu= Qlounril of tlir Qzitg of*mill Ernh: Your Committee of the Whole to whom was referred BILL NO. 81-85 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, AS AMENDED, BY MODIFYING PROVISIONS RELATIVE TO FLOODPLAIN REGULATIONS AS PRESCRIBED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable Joseph T. Serge Chairman FREE PRESS PUBLISHING CO. 811 9- 1°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 17, 1985 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 South Bend, Indiana, as amended, by modifying provisions relative to floodplain regulations as prescribed by the Federal Emergency Management Agency Gentlemen: The above referenced ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21 , Zoning, of the Municipal Code of South Bend, Indiana, was legally advertised July 5 and July 6, 1985. The Area Plan Commission gave it a public hearing on July 16, 1985, at which time the following action was taken: Upon a motion by Chuck Sausman, being seconded by C. J. Witz 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, by modifying provisions relative to floodplain regulations as prescribed by the Federal Emergency Management Agency is sent to the Common Council with a favorable recommendation 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 Executive Director RSJ/sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT APC INITIATED #957-85 July 2, 1985 Amendment to floodplain regulations REQUESTED ACTION: This is a petition initiated by the Area Plan Commission, amending various sections of the South Bend Zoning Ordinance that pertain to floodplain regulations. These changes were required after the Federal Emergency Management Agency reviewed the Zoning Ordinance for conformance to the Federal regulations. Adoption of this ordinance will bring the Zoning Ordinance into compliance with the Federal regulations, thereby allowing the City of South Bend to continue participation in the National Flood Insurance Program.