HomeMy WebLinkAbout11197-25 Amending Chapter 6, Article 9, of the South Bend Municipal Code to Update the Regulations for Flood Damage Prevention ORDINANCE No . 11197-25
Passed by the Common Council of the City of South Bend, Indiana
April 28, 20 25
Attest: City Clerk
Bianca L. Tirado
Attest: President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana _
April 29, 20 25
• 1. City Clerk
ianca L. Tirado
Approved and signed by me YIL''( 1/ 20 25
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Mayor
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BILL NO. 23-25
ORDINANCE NO. 11197-25
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 6, ARTICLE 9 OF THE SOUTH BEND
MUNICIPAL CODE TO UPDATE THE REGULATIONS FOR FLOOD DAMAGE
PREVENTION
STATEMENT OF PURPOSE AND INTENT
Chapter 6, Article 9 of the South Bend Municipal Code provides the regulations for flood
damage prevention within the City of South Bend.
The Indiana Department of Natural Resources ("IDNR"), has developed a model
floodplain ordinance for adoption by municipalities participating in the National Flood Insurance
Program ("NFIP") in connection with the Federal Emergency Management Agency("FEMA").
The tailored language of this proposed ordinance has been approved by the Indiana
Department of Natural Resources. Following adoption of this ordinance,the ordinance will be sent
to IDNR for submission to FEMA in connection with the National Flood Insurance program.
This proposed ordinance provides a more comprehensive regulatory framework by
detailing broader public safety goals, such as preserving flood storage and minimizing flood-
related economic losses.
The proposed ordinance also expands on key definitions and includes provisions for critical
facilities such as hospitals and emergency services.
The proposed ordinance incorporates detailed enforcement provisions, emphasizing
proactive flood risk mitigation. The proposed ordinance also introduces a formal appeals process,
specifying evaluation criteria and ensuring alignment with FEMA floodplain management
standards.
The proposed ordinance, as a whole, provides a more detailed, structured, and enforceable
framework for managing flood risks.
This ordinance amendment is necessary for the effective, efficient administration of the
City's enforcement and regulation of the floodplain. This ordinance is in the best interest of the
City and its residents.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 6, Article 9 shall be amended to read in its entirety as follows:
FLOODPLAIN CODE
Sec. 6-38.1.—Statutory Authorization,Findings of Fact, Purpose, and Methods
(1) Statutory Authorization
The Indiana Legislature has in IC 36-1-4-11 granted the power to local government units
to control land use within their jurisdictions. Therefore,the Common Council of the City
of South Bend hereby adopts the following floodplain management regulations.
(2) Findings of Fact
The flood hazard areas of St. Joseph County within the city limits of the City of South
Bend, herein after referred to as the City, are subject to periodic inundation which results
in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety, and
general welfare. Additionally, structures that are inadequately elevated, floodproofed, or
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otherwise protected from flood damage also contribute to the flood loss. In order to
minimize the threat of such damages and to achieve the purposes hereinafter set forth,these
regulations are adopted.
(3) Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety, and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(a) Protect human life and health.
(b) Minimize expenditure of public money for costly flood control projects.
(c) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public.
(d) Minimize prolonged business interruptions.
(e) Minimize damage to public facilities and utilities such as water and gas mains,
electric,telephone,and sewer lines, streets, and bridges located in floodplains.
(f) Help maintain a stable tax base by providing for the sound use and development
of flood prone areas in such a manner as to minimize flood blight areas.
(g) Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(h) Minimize the impact of development on adjacent properties within and near flood
prone areas.
(i) Ensure that the flood storage and conveyance functions of the floodplain are
maintained.
(j) Minimize the impact of development on the natural, beneficial values of the
floodplain.
(k) Prevent floodplain uses that are either hazardous or environmentally incompatible.
(1) Meet community participation requirements of the National Flood Insurance
Program.
(4) Methods of Reducing Flood Loss
In order to accomplish its purposes,these regulations include methods and provisions for:
(a) Restricting or prohibiting uses which are dangerous to health, safety,and property
due to water hazards, or which result in damaging increases in flood heights or
velocities.
(b) Requiring that uses vulnerable to floods, including facilities, which serve such
uses,be protected against flood damage at the time of initial construction.
(c) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters.
(d) Controlling filling, grading, dredging, excavating, and other development which
may increase flood damage.
(e) Preventing or regulating the construction of flood barriers, which will unnaturally
divert floodwaters, or which may increase flood hazards in other areas.
Sec. 6-38.2.—Definitions
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to
give them meaning they have in common usage and to give these regulations the most reasonable
application.
(1) Accessory Structure means a structure with a floor area of 400 square feet or less that is
on the same parcel of property as a principal structure and the use of which is incidental to
the use of the principal structure; an accessory structure specifically excludes structures
used for human habitation.
(a) Accessory structures are considered walled and roofed where the structure includes
at least two outside rigid walls and a fully secured roof
(b) Examples of accessory structures include but are not necessarily limited to two-car
detached garages (or smaller), carports, storage and tool sheds, and small
boathouses.
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(c) The following may have uses that are incidental or accessory to the principal
structure on a parcel but are generally not considered to be accessory structures by
the NFIP:
(i) Structures in which any portion is used for human habitation, whether
as a permanent residence or as temporary or seasonal living quarters,
such as a detached garage or carriage house that includes an apartment
or guest quarters, or a detached guest house on the same parcel as a
principal residence.
(ii) Structures used by the public, such as a place of employment or
entertainment.
(iii)Development that does not meet the NFIP definition of a structure for
floodplain management purposes. Examples includes, but are not
necessarily limited to, a gazebo, pavilion, picnic shelter, or carport that
is open on all sides(roofed but not walled).
(2) Addition(to an existing structure)means any walled and roofed expansion to the perimeter
of a structure in which the addition is connected by a common load-bearing wall other than
a firewall. Any walled and roofed addition,which is connected by a firewall or is separated
by independent perimeter load-bearing walls, is new construction.
(3) Aerator means a mechanical device placed within a public freshwater lake that is used to
accomplish any of the following:
(a) Increase the amount of dissolved oxygen in the water.
(b) Increase the decomposition of organic materials.
(c) Alter water flow or circulation.
(d) Reduce icing.
(e) Enhance audio or visual enjoyment by bubbling or spraying water
(4) Alteration of a watercourse means a dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other modification which may alter, impede, retard or change the
direction and/or velocity of the flow of water during conditions of the base flood.
(5) Appeal means a request for a review of the floodplain administrator's interpretation of any
provision of this ordinance, a request for a variance,or a challenge of a board decision.
(6) Area of special flood hazard means the land within a community subject to a one percent
(1%) or greater chance of being flooded in any given year.
(7) Base flood means the flood having a one percent(1%)chance of being equaled or exceeded
in any given year. The base flood may also be referred to as the 1%annual chance flood
or one hundred(100)year flood.
(8) Base Flood Elevation (BFE) means the water surface elevation of the base flood in
relation to a specified datum,usually the North American Vertical Datum of 1988.
(9) Basement means that portion of a structure having its floor sub-grade(below ground level)
on all sides.
(10) Best Available Flood Layer (BAFL) means floodplain studies and any corresponding
floodplain maps prepared and/or approved by the Indiana Department of Natural
Resources which provide base flood elevation information, floodplain limits, and/or
floodway delineations for flood hazards identified by approximate studies on the currently
effective FIRM (Zone A) and/or for waterways where the flood hazard is not identified
on available floodplain mapping.
(11) Building—See "Structure."
(12) Community means a political entity that has the authority to adopt and enforce floodplain
ordinances for the areas within its jurisdiction.
(13) Critical facility means a facility for which even a slight chance of flooding might be too
great. Critical facilities include,but are not limited to,schools,nursing homes,hospitals,
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police,fire,and emergency response installations,and installations which produce,use or
store hazardous materials or hazardous waste.
(14) Development means, for floodplain management purposes, any man-made change to
improved or unimproved real estate including but not limited to:
(a) construction, reconstruction, or placement of a structure or any addition to a
structure;
(b) installing a manufactured home on a site,preparing a site for a manufactured home,
or installing a recreational vehicle 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, dams, channel
improvements, etc.;
(e) mining,dredging, filling, grading, excavation, or drilling operations;
(f) construction and/or reconstruction of boat lifts, docks,piers, and seawalls;
(g) construction and/or reconstruction of bridges or culverts;
(h) storage of materials; or
(i) 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 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 structures.
(15) Dry hydrant means a structure that does both of the following:
(a) Extends lakeward of the legally established or average normal waterline or
shoreline.
(b) Provides a means of suction water supply without direct drafting for fire protection.
(16) Elevation Certificate means a FEMA form that is routinely reviewed and approved by
the White House Office of Management and Budget under the Paperwork Reduction Act,
that is encouraged to be used to collect certified elevation information.
(17) Enclosed area(enclosure) is an area of a structure enclosed by walls on all sides.
(18) Enclosure below the lowest floor. See"Lowest Floor"and`Enclosed Area."
(19) Existing manufactured home park or subdivision 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 the community's first floodplain ordinance.
(20) Expansion to an existing manufactured home park or subdivision means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured 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).
(21) FEMA means the Federal Emergency Management Agency.
(22) Fill for floodplain management purposes, means any material deposited or placed which
has the effect of raising the level of the ground surface above the natural grade elevation.
Fill material includes but is not limited to consolidated material such as concrete and brick
and unconsolidated material such as soil, sand, gravel, and stone.
(23) Flood or Flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(c) Mudslides(i.e.,mudflows)which are proximately caused by flooding and are akin
to a river of liquid and flowing mud on the surfaces of normally dry land areas, as
when earth is carried by a current of water and deposited along the path of the
current.
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Flood or flooding also includes the collapse or subsidence of land along the shore of a
lake or similar body of water as a result of erosion or undermining caused by waves or
current of water exceeding anticipated cyclical levels that result in a flood as defined
above.
(24) Flood hazard area means areas subject to the one percent(1%)annual chance flood. (See
"Special Flood Hazard Area")
(25) Flood Insurance Rate Map (FIRM) means an official map of a community, on which
FEMA has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community. A FIRM that has been made available digitally is called a
Digital Flood Insurance Rate Map(DFIRM).
(26) Flood Insurance Study (FIS) means the official hydraulic and hydrologic report
provided by FEMA. The report contains flood profiles,as well as the FIRM and the water
surface elevation of the base flood.
(27) Flood prone area means any land area acknowledged by a community as being
susceptible to inundation by water from any source. (See"Floodplain")
(28) Flood Protection Grade(FPG) is the BFE plus two (2) feet at any given location in the
SFHA. (See"Freeboard")
(29) Flood-related erosion means the collapse or subsidence of land along the shore of a lake
or other body of water as a result of undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual
and unforeseeable event which results in flooding.
(30) Floodplain or flood prone area means any land area susceptible to being inundated by
water from any source. (See"Flood")
(31) Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including but not limited to emergency
preparedness plans, flood control works, floodplain management regulations, and open
space plans.
(32) Floodplain management regulations means zoning ordinances,subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance), and other applications of
police power which control development in flood-prone areas. The term describes such
state or local regulations in any combination thereof, which provide standards for the
purpose of flood damage prevention and reduction.
(33) Floodproofing(dry floodproofing)is a method of protecting a structure that ensures that
the structure, together with attendant utilities and sanitary facilities, is watertight to the
floodproofed design elevation with walls that are substantially impermeable to the passage
of water. All structural components of these walls are capable of resisting hydrostatic and
hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris
impact forces.
(34) Floodproofing certificate is a form used to certify compliance for non-residential
structures as an alternative to elevating structures to or above the FPG.
(35) Floodway is the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulative increasing the
water surface elevation more than a designated height.
(36) Freeboard means a factor of safety, usually expressed in feet above the BFE, which is
applied for the purposes of floodplain management. It is used to compensate for the many
unknown factors that could contribute to flood heights greater than those calculated for
the base flood.
(37) Fringe or Flood Fringe is the portion of the floodplain lying outside the floodway.
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(38) Functionally dependent use means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only
docking facilities,port facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities,but does not include long-term
storage or related manufacturing facilities.
(39) Glacial stone means a rounded stone that satisfies each of the following:
(a) Was produced by glacial activity.
(b) No individual stone weighs more than one hundred twenty(120)pounds.
(c) At least ninety percent (90%) of the material passes through a twelve (12) inch
sieve.
(d) Not more than ten percent(10%)of the material passes through a six(6)inch sieve.
(40) Hardship (as related to variances of this ordinance)means the exceptional hardship that
would result from a failure to grant the requested variance. The hardship must be
exceptional, unusual, and peculiar to the property involved. Mere economic or financial
hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical
handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot,
as a rule, qualify as an exceptional hardship. All of these problems can be resolved
through other means without granting a variance,even if the alternative is more expensive,
or requires the property owner to build elsewhere or put the parcel to a different use than
originally intended.
(41) Highest adjacent grade means the highest natural elevation of the ground surface,prior
to the start of construction,next to the proposed walls of a structure.
(42) Historic structure means any structure that is:
(a) individually in the National Register of Historic Places(a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
(b) certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
(c) individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior;
or
(d) individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified by (a) an approved state
program as determined by the Secretary of Interior,or(b)directly by the Secretary
of Interior in states without approved programs.
(43) Hydrologic and hydraulic engineering analysis means analyses performed by a
professional engineer licensed by the State of Indiana, in accordance with standard
engineering practices that are accepted by the Indiana Department of Natural Resources
and FEMA, used to determine the base flood, other frequency floods, flood elevations,
floodway information and boundaries, and flood profiles.
(44) International Code Council-Evaluation Service(ICC-ES)Report means a document
that presents the fmdings, conclusions, and recommendations from a particular
evaluation. ICC-ES reports provide information about what code requirements or
acceptance criteria were used to evaluate a product, and how the product should be
identified, installed.
(45) Letter of Final Determination (LFD) means a letter issued by FEMA during the
mapping update process which establishes final elevations and provides the new flood
map and flood study to the community. The LFD initiates the six-month adoption period.
The community must adopt or amend its floodplain management regulations during this
six-month period unless the community has previously incorporated an automatic
adoption clause.
(46) Letter of Map Change (LOMC) is a general term used to refer to the several types of
revisions and amendments to FEMA maps that can be accomplished by letter. They are
broken down into the following categories:
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(a) Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a
proposed project that would,upon construction,result in modification of the SFHA
through the placement of fill outside the existing regulatory floodway.
(b) Conditional Letter of Map Revision Based on Fill (CLOMR-F) means a letter
from FEMA stating that a proposed structure that will be elevated by fill would
not be inundated by the base flood.
(c) Letter of Map Amendment (LOMA) means an amendment by letter to the
currently effective FEMA map that establishes that a building or area of land is not
located in a SFHA through the submittal of property specific elevation data. A
LOMA is only issued by FEMA.
(d) Letter of Map Amendment Out as Shown (LOMA-OAS) means an official
determination by FEMA that states the property or building is correctly shown
outside the SFHA as shown on an effective NFIP map. Therefore, the mandatory
flood insurance requirement does not apply. An out-as-shown determination does
not require elevations.
(e) Letter of Map Revision (LOMR) means an official revision to the currently
effective FEMA map.It is issued by FEMA and changes flood zones,delineations,
and elevations.
(f) Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification
of the SFHA shown on the FIRM based on the placement of fill outside the existing
regulatory floodway.
(47) Lowest adjacent grade means the lowest elevation, after completion of construction, of
the ground, sidewalk,patio, deck support,or basement entryway immediately next to the
structure.
(48) Lowest floor means,for floodplain management purposes,the lowest elevation described
among the following:
(a) The lowest floor of a building.
(b) The basement floor.
(c) The garage floor if the garage is connected to the building.
(d) The first floor of a structure elevated on pilings or pillars.
(e) The floor level of any enclosure,other than a basement,below an elevated structure
where the walls of the enclosure provide any resistance to the flow of floodwaters.
Designs for meeting the flood opening requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following
criteria:
(i) The walls are designed to automatically equalize the hydrostatic flood
forces on the walls by allowing for the entry and exit of floodwaters.
(ii) At least two(2)openings are designed and maintained for the entry and
exit of floodwater; and these openings provide a total net area of at least
one(1) square inch for every one(1) square foot of enclosed area. The
bottom of all such openings shall be no higher than one (1) foot above
the exterior grade or the interior grade immediately beneath each
opening,whichever is higher. Doorways and windows do not qualify as
openings.
(f) The first floor of a building elevated on pilings or columns in a coastal high hazard
area(as that term is defined in 44 CFR 59.1),as long as it meets the requirements
of 44 CFR 60.3.
(49) 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 permanent
foundation when attached to the required utilities. The term "manufactured home" does
not include a"recreational vehicle."
(50) Manufactured home park or subdivision means a parcel(or contiguous parcels)of land
divided into two or more manufactured home lots for rent or sale.
(51) Mitigation means sustained actions taken to reduce or eliminate long-term risk to people
and property from hazards and their effects. The purpose of mitigation is twofold: to
protect people and structures,and to minimize the cost of disaster response and recovery.
(52) Natural grade for floodplain management purposes means the elevation of the
undisturbed natural surface of the ground. Fill placed prior to the date of the initial
identification of the flood hazard on a FEMA map is also considered natural grade.
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(53) New construction for floodplain management purposes means any structure for which
the "start of construction" commenced on or after the effective date of a floodplain
management regulations adopted by a community and includes any subsequent
improvements to such structures.
(54) New manufactured home park or subdivision 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 on or after the effective date of the community's first floodplain ordinance.
(55) North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical
control datum used as a reference for establishing varying elevations within the
floodplain.
(56) Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in,
along,across or projecting into any watercourse which may alter,impede,retard or change
the direction and/or velocity of the flow of water; or due to its location, its propensity to
snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
(57) One-percent annual chance flood is the flood that has a one percent (1%) chance of
being equaled or exceeded in any given year. See"Regulatory Flood".
(58) Physical Map Revision(PMR)is an official republication of a community's FEMA map
to effect changes to base (one-percent annual chance) flood elevations, floodplain
boundary delineations, regulatory floodways, and planimetric features. These changes
typically occur as a result of structural works or improvements, annexations resulting in
additional flood hazard areas, or correction to base flood elevations or SFHAs.
(59) Prefabricated Building is a building that is manufactured and constructed using
prefabrication. It consists of factory-made components or units that are transported and
assembled on-site to form the complete building.
(60) Principally above ground means that at least 51 percent of the actual cash value of the
structure,less land value, is above ground.
(61) Public Freshwater Lake means a naturally formed lake (not man-made) that has been
used by the public with the acquiescence of a riparian owner. The term does not include
the following:
(a) Lake Michigan.
(b) A lake lying wholly or in part within the corporate boundaries of any of the three
(3) cities having the largest population in a county having a population of more
than four hundred thousand (400,000) but less than seven hundred thousand
(700,000).
(c) privately owned body of water:
(i) used for the purpose of surface coal mining; or
(ii) created as a result of surface coal mining.
A listing of Indiana public freshwater lakes is maintained in Natural Resources
Commission Information Bulletin#61.
(62) Recreational vehicle means a vehicle which is:
(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 permanently towable by a light duty truck; and
(d) designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational camping,travel, or seasonal use.
(63) 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 Section
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6-38.3(2) of this ordinance. The "Regulatory Flood" is also known by the term "Base
Flood","One-Percent Annual Chance Flood", and"100-Year Flood".
(64) Repetitive loss means flood-related damages sustained by a structure on two separate
occasions during a 10-year period for which the cost of repairs at the time of each such flood
event, on the average, equaled or exceeded 25%of the market value of the structure before
the damage occurred.
(65) Riverine means relating to,formed by,or resembling a river(including tributaries),stream,
brook, etc.
(66) Solid waste disposal facility means any facility involved in the storage or disposal of non-
liquid, non-soluble materials ranging from municipal garbage to industrial wastes that
contain complex and sometimes hazardous substances. Solid waste also includes sewage
sludge, agricultural refuse,demolition wastes, mining wastes, and liquids and gases stored
in containers.
(67) Special Flood Hazard Area (SFHA), synonymous with"areas of special flood hazard"
and floodplain,means those lands within the jurisdiction of the City subject to a one percent
or greater chance of flooding in any given year. Special flood hazard areas are designated
by the Federal Emergency Management Agency on Flood Insurance Rate Maps and Flood
Insurance Studies as Zones A,AE, AH,AO,Al 30,A99, or VE.The SFHA includes areas
that are flood prone and designated from other federal, state, or local sources of data
including but not limited to best available flood layer maps provided by or approved by the
Indiana Department of Natural Resources,historical flood information reflecting high water
marks,previous flood inundation areas,and flood prone soils associated with a watercourse.
(68) Start of construction includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, or
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of a slab
or footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways;nor does it include excavation for
a basement, footings, piers, foundations, or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions
of the building.
(69) Structure means a walled and roofed building, including a gas or liquid storage tank,
which is principally above ground. The term includes a manufactured home, as well as a
prefabricated building. It also includes recreational vehicles installed on a site for more than
180 consecutive days.
(70) Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
(71) 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 that have incurred "repetitive loss" or"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
which have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions.
(72) Temporary structure (Public Freshwater Lakes only) means a structure that can be
installed and removed from the waters of a public freshwater lake without using a crane,
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bulldozer,backhoe,or similar heavy or large machinery. Examples of a temporary structure
include the following:
(a) A pier that is supported by auger poles or other poles that do not exceed three and
one-half(31/2)inches in diameter and rest on the lakebed; and is not mounted in or
comprised of concrete or cement.
(b) A boat shelter,boat lift, or boat hoist that has a canvas top and sides; is supported
by auger poles or other poles that do not exceed three and one-half(31/2) inches in
diameter; is not mounted in or comprised of concrete or cement; is designed to
float or to rest upon the bed of the lake under its own weight if any structure to
which it is attached complies with this section; and, is not wider than ten(10) feet
nor longer than twenty(20)feet.
(73) Variance is a grant of relief from the requirements of this ordinance consistent with the
variance conditions herein.
(74) Violation means the failure of a structure or other development to be fully compliant with
this ordinance.
(75) Walled and roofed means a building that has two or more exterior rigid walls and a fully
secured roof and is affixed to a permanent site.
(76) Watercourse means a lake, river, creek, stream, wash, channel, or other topographic
feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
Sec. 6-38.3.—General Provisions
(1) Lands to Which This Ordinance Applies
This ordinance shall apply to all areas of special flood hazard (SFHAs) within the
jurisdiction of the City of South Bend,Indiana as identified in Section 6-38.3(2),including
any additional areas of special flood hazard annexed by the City of South Bend,Indiana.
(2) Basis for Establishing the Areas of Special Flood Hazard
(a) The regulatory flood elevation, floodway,and fringe limits for the studied SFHAs
within the jurisdiction of the City, delineated as an"AE Zone" on the St. Joseph
County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January
6, 2011 shall be determined from the one-percent annual chance flood profiles in
the Flood Insurance Study of St. Joseph County, Indiana and Incorporated Areas
and the corresponding Flood Insurance Rate Maps (FIRM)dated January 6,2011
as well as any subsequent updates, amendments, or revisions, prepared by the
Federal Emergency Management Agency with the most recent date. Should the
floodway limits not be delineated on the Flood Insurance Rate Map for a studied
SFHA designated as an"AE Zone", the limits of the floodway will be according
to the best available flood layer as provided by the Indiana Department of Natural
Resources.
(b) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs
within the jurisdiction of the City, delineated as an "A Zone" on the St. Joseph
County,Indiana and Incorporated Areas Flood Insurance Rate Map,dated January
6,2011,as well as any subsequent updates,amendments,or revisions,prepared by
the Federal Emergency Management Agency with the most recent date, shall be
according to the best available flood layer provided by the Indiana Department of
Natural Resources, provided the upstream drainage area from the subject site is
greater than one square mile. Whenever a party disagrees with the best available
flood layer, the party needs to replace existing data with better data that meets
current engineering standards. To be considered, this data must be submitted to
the Indiana Department of Natural Resources for review and subsequently
approved.
(c) The regulatory flood elevation for each SFHA of a public freshwater lake within
the jurisdiction of the City delineated as an"Zone AE"on the St. Joseph County,
Indiana and Incorporated Areas Flood Insurance Rate Map shall be in the Stillwater
elevation tables in the Flood Insurance Study of St. Joseph County, Indiana and
Incorporated Areas dated January 6, 2011 and any subsequent updates,
amendments, or revisions, prepared by the Federal Emergency Management
Agency with the most recent date. A listing of Indiana public freshwater lakes can
be found in Natural Resources Commission Information Bulletin#61.
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(d) The regulatory flood elevation for each SFHA of a public freshwater lake within
the jurisdiction of the City delineated as an "Zone A" on the St. Joseph County,
Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6, 2011
as well as any subsequent updates, amendments, or revisions, prepared by the
Federal Emergency Management Agency with the most recent date, shall be
according to the best available flood layer as provided by the Indiana Department
of Natural Resources,provided the upstream drainage area from the subject site is
greater than one square mile. Whenever a party disagrees with the best available
flood layer data,the party needs to replace existing data with better data that meets
current engineering standards. To be considered, this data must be submitted to
the Indiana Department of Natural Resources for review and subsequently
approved. A listing of Indiana public freshwater lakes is maintained in Natural
Resources Commission Information Bulletin#61.
(e) In the absence of a published FEMA map,or absence of identification on a FEMA
map,the regulatory flood elevation,floodway,and fringe limits of any watercourse
in the community's known flood prone areas shall be according to the best
available flood layer as provided by the Indiana Department of Natural Resources,
provided the upstream drainage area from the subject site is greater than one square
mile.
(f) Upon issuance of a Letter of Final Determination(LFD), any more restrictive data
in the new (not yet effective) mapping/study shall be utilized for permitting and
construction (development) purposes, replacing all previously effective less
restrictive flood hazard data provided by FEMA.
(3) Establishment of Floodplain Development Permit
A Floodplain Development Permit shall be required in conformance with the provisions of
this ordinance prior to the commencement of any development activities in areas of special
flood hazard.
(4) Compliance
(a) No structure shall hereafter be located, extended, converted, or structurally
altered within the SFHA without full compliance with the terms of this ordinance
and other applicable regulations.
(b) Where an existing or proposed structure or other development is affected by
multiple flood zones,by multiple base flood elevations, or both,the development
activity must comply with the provisions of this ordinance applicable to the most
restrictive flood zone and the most conservative(highest)base flood elevation
affecting any part of the existing or proposed structure; or for other
developments, affecting any part of the area of the development.
(c) No land or stream within the SFHA shall hereafter be altered without full
compliance with the terms of this ordinance and other applicable regulations.
(5) Abrogation and Greater Restrictions
This ordinance is not intended to repeal,abrogate,or impair any existing easements,covenants,
or deed restrictions. However,where this ordinance and another conflict or overlap,whichever
imposes the more stringent restrictions shall prevail.
(6) Discrepancy between Mapped Floodplain and Actual Ground Elevations
(a) In cases where there is a discrepancy between the mapped floodplain(SFHA)
with base flood elevations provided(riverine or lacustrine Zone AE) on the
FIRM and the actual ground elevations, the elevation provided on the profiles or
table of still water elevations shall govern.
(b) If the elevation of the site in question is below the base flood elevation, that site
shall be included in the SFHA and regulated accordingly.
(c) If the natural grade elevation of the site in question is at or above the base flood
elevation and a LOMA or LOMR-FW is obtained, the floodplain regulations will
not be applied provided the LOMA or LOMR-FW is not subsequently superseded
or invalidated.
(7) Interpretation
In the interpretation and application of this ordinance all provisions shall be:
(a) Considered as minimum requirements.
(b) Liberally construed in favor of the governing body.
(c) Deemed neither to limit nor repeal any other powers granted under state statutes
(8) Warning and 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, or the State of Indiana, for any flood damage that results
from reliance on this ordinance,or any administrative decision made lawfully thereunder.
(9) Penalties for Violation
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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 the City of South
Bend. All violations shall be punishable by a fine as set forth in Section 21-13.02(h).
(a) A separate offense shall be deemed to occur for each day the violation continues
to exist.
(b) The City of South Bend 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 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. 6-38.4.—Administration.
(1) Designation of Administrator
The Common Council of the City of South Bend hereby appoints the Building Commissioner
to administer and implement the provisions of this ordinance and is herein referred to as the
Floodplain Administrator.
(2) Floodplain Development Permit and Certification Requirements
An application for a floodplain development permit shall be made to the Floodplain
Administrator for all development activities located wholly within, partially within, or in
contact with an identified special flood hazard area. Such application shall be made by the
owner of the property or his/her authorized agent, herein referred to as the applicant, prior to
the actual commencement of such construction on a form furnished for that purpose. Such
applications shall include, but not be limited to plans drawn to scale showing the nature,
location, dimensions, and elevations of the area in question, existing or proposed structures,
earthen fill, storage of materials or equipment, drainage facilities, and the location of the
foregoing. Specifically,the following information is required:
(a) Application stage.
(i) A description of the proposed development.
(ii) Location of the proposed development sufficient to accurately locate
property and structure(s) in relation to existing roads and streams.
(iii) A legal description of the property site.
(iv) For the reconstruction, rehabilitation, or improvement of an existing
structure, or an addition to an existing building, a detailed quote and
description of the total work to be completed including but not limited
to interior work, exterior work,and labor as well as a certified valuation
of the existing(pre-improved or pre-damaged)structure.
(v) A letter from a licensed professional surveyor or engineer noting that an
elevation reference benchmark has been established or confirmed for
those projects requiring elevations to be met.
(vi) A site development plan showing existing and proposed development
locations and existing and proposed land grades.
(vii) Verification that connection to either a public sewer system or to an
approved on-site septic system is available and approved by the
respective regulatory agency for proposed structures to be equipped
with a restroom, kitchen or other facilities requiring disposal of
wastewater.
(viii) Plans showing elevation of the top of the planned lowest floor
(including basement) of all proposed structures in Zones A, AH and
AE. Elevation should be in NAVD 88.
(ix) Plans showing elevation (in NAVD 88) to which any non-residential
structure will be floodproofed.
(x) Plans showing location and specifications for flood openings for any
proposed structure with enclosed areas below the flood protection
grade.
(xi) Plans showing materials to be used below the flood protection grade
for any proposed structure are flood resistant.
(xii) Plans showing how any proposed structure will be anchored to resist
flotation or collapse.
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(xiii) Plans showing how any electrical, heating, ventilation, plumbing, air
conditioning equipment and other service facilities are designed and/or
located. Elevation should be in NAVD 88.
(xiv) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development. A hydrologic and
hydraulic engineering analysis is required, and any watercourse
changes submitted to the Department of Natural Resources for
approval. Once the Department of Natural Resources approval is
obtained, a FEMA Conditional Letter of Map Revision must be
obtained prior to construction(See Section 6-38.4(3)(h)and Section 6-
38.4(5)for additional information.).
(xv) Any additional information, as requested by the Floodplain
Administrator, which may be necessary to determine the disposition
of a proposed development or structure with respect to the requirements
of this ordinance.
(b) Construction Stage.
(i) Upon establishment of the lowest floor of an elevated structure or
structure constructed on fill, it shall be the duty of the applicant to
submit to the Floodplain Administrator an elevation certificate for the
building under construction. The Floodplain Administrator shall
review the elevation certificate. Any deficiencies detected during the
review shall be corrected by the applicant before work is allowed to
continue. Failure to submit the survey or failure to make said
corrections required hereby shall be cause to issue a stop-work order
for the project.
(c) Finished Construction.
(i) Upon completion of construction of any structure requiring
certification of elevation, an elevation certificate which depicts the
"as-built"lowest floor elevation and other applicable elevation data is
required to be submitted by the applicant to the Floodplain
Administrator. The elevation certificate shall be prepared by or under
the direct supervision of a registered land surveyor and certified by the
same.
(ii) Upon completion of construction of an elevated structure constructed
on fill, a fill report is required to be submitted to the Floodplain
Administrator to verify the required standards were met, including
compaction.
(iii) Upon completion of construction of a floodproofing measure, a
floodproofing certificate is required to be submitted by the applicant
to the Floodplain Administrator.The floodproofing certificate shall be
prepared by or under the direct supervision of a registered professional
engineer or architect and certified by same.
(3) Duties and Responsibilities of the Floodplain Administrator
The Floodplain Administrator and/or designated staff is hereby authorized and directed to
enforce the provisions of this ordinance. The administrator is further authorized to render
interpretations of this ordinance,which are consistent with its spirit and purpose.
Duties and Responsibilities of the Floodplain Administrator shall include, but are not limited
to:
(a) Enforce the provisions of this ordinance.
(b) Evaluate application for permits to develop in special flood hazard areas to assure
that the permit requirements of this ordinance have been satisfied.
(c) Interpret floodplain boundaries and provide flood hazard and flood protection
elevation information.
(d) Issue permits to develop in special flood hazard areas when the provisions of these
regulations have been met or refuse to issue the same in the event of
noncompliance.
(e) Advise permittee that additional Federal, State and/or local permits may be
required. If specific Federal, State and/or local permits are known, require that
copies of such permits be provided and maintained on file with the floodplain
development permit.
(f) Conduct substantial damage determinations to determine whether existing
structures,damaged from any source and in special flood hazard areas, must meet
the development standards of these regulations.
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(g) For applications to improve structures, including alterations, movement,
enlargement,replacement,repair,change of occupancy, additions,rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any
other improvement of or work on such buildings and structures, the Floodplain
Administrator shall:
(i) Verify and document the market value of the pre-damaged or pre-
improved structure.
(ii) Compare the cost to perform the improvement; or the cost to repair a
damaged building to its pre-damaged condition; or, the combined
costs of improvements and repair,if applicable,to the market value of
the pre-damaged or pre-improved structure. The cost of all work must
be included in the project costs, including work that might otherwise
be considered routine maintenance. Items/activities that must be
included in the cost shall be in keeping with guidance published by
FEMA to ensure compliance with the NFIP and to avoid any conflict
with future flood insurance claims of policyholders within the
community.
(iii) Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; the
determination requires evaluation of previous permits issued for
improvements and repairs as specified in the definition of"substantial
improvement' for proposed work to repair damage caused by flood,
the determination requires evaluation of previous permits issued to
repair flood-related damage as specified in the definition of substantial
damage.
(iv) Notify the applicant if it is determined that the work constitutes
substantial improvement or repair of substantial damage and that
compliance with the applicable general and specific standards in
Section 6-38.5 of this ordinance are required.
(h) Notify adjacent communities and the State Floodplain Coordinator prior to any
alteration or relocation of a watercourse and submit copies of such notifications to
FEMA.
(i) Ensure that construction authorization has been granted by the Indiana Department
of Natural Resources for all development projects subject to Sections 6-38.5(1)(a),
6-38.5(1)(c)(i), and 6-38.5(1)(d) of this ordinance. Maintain a record of such
authorization (either copy of actual permit/authorization or floodplain
analysis/regulatory assessment).
(j) Verify the upstream drainage area of any proposed development site near any
watercourse not identified on a FEMA map to determine if Section 6-38.4(3)(i) is
applicable.
(k) Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
(1) Verify and record the actual elevation of the lowest floor(including basement) of
all new or substantially improved structures,in accordance with Section 6-38.4(2).
(m) Verify and record the actual elevation to which any new or substantially improved
structures have been floodproofed in accordance with Section 6-38.4(2).
(n) Make on-site inspections of projects in accordance with Section 6-38.4(4).
(o) Coordinate with insurance adjusters prior to permitting any proposed work to bring
any flood-damaged structure covered by a standard flood insurance policy into
compliance(either a substantially damaged structure or a repetitive loss structure)
to ensure eligibility for ICC funds.
(p) Ensure that an approved connection to a public sewer system or an approved on-
site septic system is planned for any structures (residential or non-residential) to
be equipped with a restroom, kitchen or other facilities requiring disposal of
wastewater.
(q) Provide information, testimony, or other evidence as needed during variance
hearings.
(r) Serve notices of violations, issue stop-work orders, revoke permits and take
corrective actions in accordance with Section 6-38.4(4).
(s) Maintain for public inspection and furnish upon request local permit documents,
damaged structure inventories, substantial damage determinations, regulatory
flood data, SFHA maps, Letters of Map Change (LOMC), copies of Department
of Natural Resources permits,letters of authorization,and floodplain analysis and
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regulatory assessments (letters of recommendation), federal permit documents,
and "as-built" elevation and floodproofing data for all buildings constructed
subject to this ordinance in accordance with Section 6-38.4(4).
(t) Coordinate map maintenance activities and associated FEMA follow-up in
accordance with Section 6-38.4(5).
(u) Utilize and enforce all Letters of Map Change(LOMC)or Physical Map Revisions
(PMR)issued by FEMA for the currently effective SFHA maps of the community.
(v) Request any additional information which may be necessary to determine the
disposition of a proposed development or structure with respect to the requirements
of this ordinance.
(4) Administrative Procedures
(a) Inspections of Work in Progress. As the work pursuant to a permit progress, the
floodplain administrator shall make as many inspections of the work as may be
necessary to ensure that the work is being done according to the provisions of the
local ordinance and terms of the permit. In exercising this power,the administrator
has a right,upon presentation of proper credential,to enter on any premises within
the territorial jurisdiction at any reasonable hour for the purposes of inspection or
other enforcement action.
(b) Stop Work Orders.
(i) Upon notice from the floodplain administrator, work on any building,
structure or premises that is being done contrary to the provisions of this
ordinance shall immediately cease.
(ii) Such notice shall be in writing and shall be given to the owner of the
property, or to his agent, or to the person doing the work, and shall state
the conditions under which work may be resumed.
(c) Revocation of Permits.
(i) The floodplain administrator may revoke a permit or approval, issued
under the provisions of this ordinance, in cases where there has been any
false statement or misrepresentation as to the material fact in the
application or plans on which the permit or approval was based.
(ii) The floodplain administrator may revoke a permit upon determination by
the floodplain administrator that the construction, erection, alteration,
repair,moving,demolition,installation,or replacement of the structure for
which the permit was issued is in violation of, or not in conformity with,
the provisions of this ordinance.
(d) Floodplain Management Records.
(i) Regardless of any limitation on the period required for retention of public
records, records of actions associated with the administration of this
ordinance shall be kept on file and maintained under the direction of the
Floodplain Administrator in perpetuity. These records include permit
applications, plans, certifications, Flood Insurance Rate Maps; Letter of
Map Change; records of issuance of permits and denial of permits;
determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design
certifications and documentation of elevations required by this ordinance;
notifications to adjacent communities, FEMA, and the state related to
alterations of watercourses; assurances that the flood carrying capacity of
altered watercourses will be maintained; documentation related to appeals
and variances, including justification for issuance or denial; and records
of enforcement actions taken pursuant to this ordinance.
(ii) These records shall be available for public inspection at the St. Joseph
County/City of South Bend Building Department, 125 S. Lafayette Blvd.,
Suite 100, South Bend, IN 46601.
(e) Periodic Inspection. Once a project is completed, periodic inspections may be
conducted by the Floodplain Administrator to ensure compliance. The Floodplain
Administrator shall have a right, upon presentation of proper credential, to enter
on any premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action.
(5) Map Maintenance Activities
To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA,
and to ensure that St.Joseph County flood maps, studies and other data identified in Section 6-
38.3(2)accurately represent flooding conditions so appropriate floodplain management criteria
are based on current data, the following map maintenance activities are identified:
15
(a) Requirement to Submit New Technical Data
(i) For all development proposals that impact floodway delineations or base
flood elevations,the community shall ensure that technical data reflecting
such changes be submitted to FEMA within six months of the date such
information becomes available.These development proposals include:
a. Floodway encroachments that increase or decrease base
flood elevations or alter floodway boundaries.
b. Fill sites to be used for the placement of proposed
structures where the applicant desires to remove the site
from the special flood hazard area.
c. Alteration of watercourses that result in a relocation or
elimination of the special flood hazard area,including the
placement of culverts; and Subdivision or large-scale
development proposals requiring the establishment of
base flood elevations.
(ii) It is the responsibility of the applicant to have required technical data for
a Conditional Letter of Map Revision or Letter of Map Revision and
submitted to FEMA. The Indiana Department of Natural Resources will
review the submittals as part of a partnership with FEMA. The submittal
should be mailed to the Indiana Department of Natural Resources at the
address provided on the FEMA form (MT-2) or submitted through the
online Letter of Map Change website. Submittal and processing fees for
these map revisions shall be the responsibility of the applicant.
(iii)The Floodplain Administrator shall require a Conditional Letter of Map
Revision prior to the issuance of a floodplain development permit for
proposed floodway encroachments that increase the base flood elevation.
(iv)Floodplain development permits issued by the Floodplain Administrator
shall be conditioned upon the applicant obtaining a Letter of Map Revision
from FEMA for any development proposal subject to this section.
(b) Right to Submit New Technical Data
The Floodplain Administrator may request changes to any of the information shown
on an effective map that does not impact floodplain or floodway delineations or base
flood elevations, such as labeling or planimetric details. Such a submission shall
include appropriate supporting documentation made in writing by the South Bend
Common Council President of and may be submitted to FEMA at any time.
(c) Annexation/Detachment
Upon occurrence, the Floodplain Administrator shall notify FEMA in writing
whenever the boundaries of the City of South Bend have been modified by annexation
or the community has assumed authority over an area, or no longer has authority to
adopt and enforce floodplain management regulations for a particular area. In order
that the St.Joseph County,Indiana and Incorporated Areas Flood Insurance Rate Map
accurately represent City boundaries, include within such notification a copy of a map
of the City suitable for reproduction, clearly showing the new corporate limits or the
new area for which the City has assumed or relinquished floodplain management
regulatory authority.
(6)Variance Procedures
(a) The South Bend Area Board of Zoning Appeals as established by the South Bend
Common Council shall hear and decide appeals and requests for variances from
requirements of this ordinance.
(b) The board shall hear and decide appeals when it is alleged an error in any
requirement, decision,or determination is made by the Floodplain Administrator
in the enforcement or administration of this ordinance. Any person aggrieved by
the decision of the board may appeal such decision to the St. Joseph County
Circuit or Superior Court.
(c) In considering such applications,the board shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this
ordinance, and:
(i) the danger to life and property due to flooding or erosion damage.
(ii) the danger that materials may be swept onto other lands to the injury of
others.
(iii) the susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
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(iv) the importance of the services provided by the proposed facility to the
community.
(v) the necessity to the facility of a waterfront location, where applicable.
(vi)the compatibility of the proposed use with existing and anticipated
development.
(vii) the availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage.
(viii) the safety of access to the property in times of flood for ordinary and
emergency vehicles.
(ix) the expected height,velocity, duration, rate of rise, and sediment
transport of the floodwaters at the site.
(x) the costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and streets
and bridges.
(d) A written report addressing each of the above factors shall be submitted with the
application for a variance.
(e) Variances from the provisions of this ordinance shall only be granted when the
board can make positive findings of fact based on evidence submitted at the
hearing for the following:
(i) A showing of good and sufficient cause.
(ii) A determination that failure to grant the variance would result in
exceptional hardship as defined in Section 6-38.2.
(iii)A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense,create nuisances,cause fraud or
victimization of the public,or conflict with existing laws or
ordinances.
(f) No variance for a residential use within a floodway subject to Sections 6-
38.5(1)(a); (1)(c)(i); or(1)(d)of this ordinance may be granted.
(g) Any variance granted in a floodway subject to Sections 6-38.5(1)(a); (l)(c)(i); or
(1)(d)will require a permit from the Indiana Department of Natural Resources.
Variances shall not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
(h) Variances to the Provisions for Flood Hazard Reduction of Section 6-38.5 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.
(i) Variances may be issued for the repair or rehabilitation of"historic structures"
upon a determination that the proposed repair or rehabilitation will not preclude
the structure's continued designation as a"historic structure"and the variance is
the minimum to preserve the historic character and design of the structure.
(j) Variances may be issued for new construction, substantial improvements,and
other development necessary for the conduct of a functionally dependent use.
(k) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard,to afford relief.
(1) Upon consideration of the factors listed above and the purposes of this ordinance,
the appeal board may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this.
(m)Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the Flood Protection Grade 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.
(n) 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.
Sec. 6-38.5.—Provisions for Flood Hazard Reduction
(1) Floodplain Status Standards
(a) Floodways(Riverine)
Located within SFHAs, established in Section 6-38.3(2) are areas designated as
floodways. The floodway is an extremely hazardous area due to the velocity of
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floodwaters,which carry debris,potential projectiles,and has erosion potential.Under
the provisions of the Flood Control Act (IC 14281) 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 undertaken before the actual start of
construction of the structure. General licenses and exemptions to the requirements of
the Flood Control Act (IC 14-28-1 and 312 IAC 10) may apply to qualified
additions/improvements to existing lawful residential structures,rural bridges, logjam
removals, wetland restoration, utility line crossings, outfall projects, creek rock
removal,and prospecting.
(i) If the site is in a regulatory floodway as established in Section 6-38.3(2),
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 approval for
construction in a floodway,provided the activity does not qualify for a
general license or exemption(IC 14-28-1 or 312 IAC 10).
(ii) No action shall be taken by the Floodplain Administrator until approval
has been granted by the Indiana Department of Natural Resources for
construction in the floodway, or evidence provided by an applicant that
the development meets specified criteria to qualify for a general license
or exemption to the requirement of the Flood Control Act. The
Floodplain Development Permit shall meet the provisions contained in
this article.
(iii) The Floodplain Development Permit cannot be less restrictive than an
approval issued for construction in a floodway issued by the Indiana
Department of Natural Resources, or the specified criteria used to
qualify for a general license or exemption to the Flood Control Act for
a specific site/project. However, a community's more restrictive
regulations (if any)shall take precedence.
(iv)In floodway areas identified on the FIRM, development shall cause no
increase in flood levels during the occurrence of the base flood discharge
without first obtaining a Conditional Letter of Map Revision and
meeting requirements of Section 6-38.4(5)(a). A Conditional Letter of
Map Revision cannot be issued for development that would cause an
increase in flood levels affecting a structure and such development
should not be permitted.
(v) In floodway areas identified by the Indiana Department of Natural
Resources through detailed or approximate studies but not yet identified
on the effective FIRM as floodway areas,the total cumulative effect of
the proposed development, when combined with all other existing and
anticipated development, shall not adversely affect the efficiency of, or
unduly restrict the capacity of the floodway. This adverse effect is
defined as an increase in the elevation of the regulatory flood of at least
fifteen-hundredths (0.15) of a foot as determined by comparing the
regulatory flood elevation under the project condition to that under the
natural or pre-floodway condition as proven with hydraulic analyses.
(vi)For all projects involving channel modifications or fill (including
levees), the City shall submit the data and request that the Federal
Emergency Management Agency revise the regulatory flood data per
mapping standard regulations found at 44 CFR § 65.12.
(b) Fringe(Riverine)
If the site is in the fringe (either identified on the FIRM or identified by the Indiana
Department of Natural Resources through detailed or approximate studies and not
identified on a FIRM), the Floodplain Administrator may issue the local Floodplain
Development Permit provided the provisions contained in this section have been met.
(c) SFHAs without Established Base Flood Elevation and/or Floodways/Fringes
(Riverine)
(i) Drainage area upstream of the site is greater than one square mile:
If the site is in an identified floodplain where the limits of the floodway
and fringe have not yet been determined,and the drainage area upstream
of the site is greater than one square mile,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 for review and comment.
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No action shall be taken by the Floodplain Administrator until written
approval from the Indiana Department of Natural Resources (approval
for construction in a floodway, letter of authorization, or evidence of
general license qualification) or a floodplain analysis/regulatory
assessment citing the one-percent annual chance flood elevation and the
recommended Flood Protection Grade has been received from the
Indiana Department of Natural Resources.
Once the Floodplain Administrator has received the proper written
approval, evidence of general license qualification, or floodplain
analysis/regulatory assessment approving the proposed development
from the Indiana Department of Natural Resources, 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 this section have been met.
(ii) Drainage area upstream of the site less than one square mile:
If the site is in an identified floodplain where the limits of the floodway
and fringe have not yet been determined and the drainage area upstream
of the site is less than one square mile, the Floodplain Administrator
shall require the applicant to provide an engineering analysis showing
the limits of the floodplain and one-percent annual chance flood
elevation for the site.
Upon receipt, the Floodplain Administrator may issue the local
Floodplain Development Permit, provided the provisions contained in
this section have been met.
(d) SFHAs not Identified on a Map
(i) If a proposed development site is near a waterway with no SFHA
identified on a map, the Floodplain Administrator shall verify the
drainage area upstream of the site. If the drainage area upstream of the
site is verified as being greater than one square mile, 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 for review and comment.
(ii) No action shall be taken by the Floodplain Administrator until written
approval from the Indiana Department of Natural Resources (approval
for construction in a floodway, letter of authorization, or evidence of
general license qualification) or a floodplain analysis/regulatory
assessment citing the one-percent annual chance flood elevation and the
recommended Flood Protection Grade has been received from the
Indiana Department of Natural Resources.
(iii)Once the Floodplain Administrator has received the proper written
approval, evidence of general license qualification, or floodplain
analysis/regulatory assessment approving the proposed development
from the Indiana Department of Natural Resources, 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 this section have been met.
(e) Public Freshwater Lakes
Within the SFHA are public freshwater lakes. Public freshwater lakes are
governed by IC 14-26-2(sometimes referred to as the Lakes Preservation Act)and
rules adopted by the Natural Resource Commission at 312 IAC 11-1 through 312
IAC 11-5 to assist with its implementation. A listing of public freshwater lakes
can be found in the Indiana Register, Information Bulletin#61.Noting while Lake
Freeman and Lake Shafer are listed,Indiana Department of Natural Resources and
Natural Resource Commission authority is abridged by IC 14-26-2-15. Dredging
of public freshwater lakes is addressed in the Indiana Register, Information
Bulletin#60
(i) Lakes Preservation Act jurisdiction is based on the specific lake's
legally established lake level, where this legally established elevation
(legal lake level)meets the land along the shoreline. When no legal lake
level is established for a lake, average normal shoreline at each site is
used,based on observation of breaks such as lakebed vs ground and lines
of demarcation.
(ii) Indiana Department of Natural Resources approval is required for
excavation, fill, and placement, modification, or repair of a temporary
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or permanent structure over, along or lakeward of the shoreline or
waterline of a public freshwater lake. Walls landward of the shoreline
(within ten(10) feet) and below legal or normal water level of a public
freshwater lake also require prior approval from the Department of
Natural Resources.
(iii)General licenses and exemptions to the Lake Preservation Act may
apply to the placement of temporary piers, dry hydrants, aerators, or
glacial stone reface,provided they meet the specific criteria of the Public
Lakes Rules.
(iv)No action shall be taken by the Floodplain Administrator until a permit
or letter of authorization (when applicable) has been issued by the
Indiana Department of Natural Resources granting approval or
qualification for a general license has been verified. Once a permit or
approval has been issued by the Indiana Department of Natural
Resources (or general license qualification verified), the Floodplain
Administrator may issue the local Floodplain Development Permit,
provided the applicable provisions contained in this section have been
met. The Floodplain Development Permit cannot be less restrictive than
the pen-nit issued by the Indiana Department of Natural Resources.
However,a community's more restrictive regulations(if any) shall take
precedence.
(2) General Standards
In all areas of special flood hazard,the following provisions are required:
(a) All new construction, reconstruction or repairs made to a repetitive loss structure,
and substantial improvements shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
(b) New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage below the FPG.
(c) New construction and substantial improvements must incorporate methods and
practices that minimize flood damage.
(d) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities shall be located at/above the FPG for residential structures.
Electrical, heating, ventilation, plumbing, air conditioning equipment, 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 for
non-residential structures. Water and sewer pipes, electrical and telephone lines,
submersible pumps,and other waterproofed service facilities may be located below
the FPG.
(e) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
(f) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
(g) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
(h) Any alteration, repair, reconstruction, or improvements to a structure that is in
compliance with the provisions of this ordinance shall meet the requirements of
"new construction"as contained in this ordinance.
(i) Base flood elevation data shall be provided for subdivision proposals and other
proposed development (including manufactured home parks and subdivisions),
which is greater than fifty(50) lots or five(5)acres,whichever is less.
(j) Where an existing or proposed structure or other development is affected by
multiple flood zones, by multiple base flood elevations, or both,the development
activity must comply with the provisions of this ordinance applicable to the most
restrictive flood zone and the highest base flood elevation affecting any part of the
existing or proposed structure;or for other developments,affecting any part of the
area of the development.
(k) Fill projects that do not involve a structure must be protected against erosion and
scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative
cover is used,the slopes shall be no steeper than 3' horizontal to 1' vertical.
(1) Non-conversion agreements shall be required for all new or substantially improved
elevated structures with an enclosure beneath the elevated floor, accessory
structures,and open-sided shelters.
(m)Construction of new solid waste disposal facilities, hazard waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted in
areas of special flood hazard.
(n) Whenever any portion of the SFHA is authorized for use, the volume of space
which will be occupied by the authorized fill or structure below the BFE shall be
compensated for and balanced by an equivalent volume of excavation taken below
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the BFE. The excavation volume shall be at least equal to the volume of storage
lost(replacement ratio of 1 to 1)due to the fill or structure.
(i) The excavation shall take place in the floodplain and in the same
property in which the authorized fill or structure is located.
(ii) Under certain circumstances, the excavation may be allowed to take
place outside of but adjacent to the floodplain provided that the
excavated volume will be below the regulatory flood elevation, will be
in the same property in which the authorized fill or structure is located,
will be accessible to the regulatory flood water, will not be subject to
ponding when not inundated by flood water, and that it shall not be
refilled.
(iii)The excavation shall provide for true storage of floodwater but shall not
be subject to ponding when not inundated by flood water.
(iv)The fill or structure shall not obstruct a drainage way leading to the
floodplain.
(v) The grading around the excavation shall be such that the excavated area
is accessible to the regulatory flood water.
(vi)The fill or structure shall be of a material deemed stable enough to
remain firm and in place during periods of flooding and shall include
provisions to protect adjacent property owners against any increased
runoff or drainage resulting from its placement.
(vii) Plans depicting the areas to be excavated and filled shall be submitted
prior to the actual start of construction or any site work; once site work
is complete, but before the actual start of construction, the applicant
shall provide to the Floodplain Administrator a certified survey of the
excavation and fill sites demonstrating the fill and excavation comply
with this article.
(3) Specific Standards
In all areas of special flood hazard where base flood elevation data or flood depths have
been provided,as set forth in Section 6-38.3(2), the following provisions are required:
(a) Building Protection Requirement. In addition to the general standards described
in Section 6-38.5(2) 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 a residential structure.
(ii) Construction or placement of a non-residential structure.
(iii)Addition or improvement made to an existing structure where the cost
of the addition or improvement equals or exceeds 50% of the value of
the existing structure (excluding the value of the land). An addition
and/or improvement project that is continuous in scope or time is
considered as one project for permitting purposes.
(iv)Reconstruction or repairs made to a damaged structure where the costs
of restoring the structure to its before damaged condition equals or
exceeds 50% of the market value of the structure (excluding the value
of the land)before damage occurred(the costs of any proposed additions
or improvements beyond restoring the damaged structure to its before
damaged condition must be included in the cost).
(v) Installing a manufactured home on a new site or a new manufactured
home on an existing site.
(vi)Installing a travel trailer or recreational vehicle on a site for more than
180 days.
(vii) Reconstruction or repairs made to a repetitive loss structure.
(viii) Addition or improvement made to any existing structure with a previous
repair,addition or improvement constructed since the community's first
floodplain ordinance.
(b) Residential Construction
(i) New construction or substantial improvement of any residential
structures shall meet provisions described in Section 6-38.5(1) and
applicable general standards described in Section 6-38.5(2).
(ii) In Zone A and Zone AE,new construction or substantial improvement
of any residential structure shall have the lowest floor; including
basement,at 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 6-38.5(3)(b)(iii). Should fill be used to
elevate a structure, the standards of Section 6-38.5(3)(b)(iv) must be
met.
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(iii)Fully enclosed areas formed by foundation and other exterior walls
below the flood protection grade shall meet the following requirement:
1. Designed to preclude finished living space and designed to
allow for the automatic entry and exit of floodwaters to equalize
hydrostatic flood forces on exterior walls. Flood openings must
be designed and installed in compliance with criteria set out in
FEMA Technical Bulletin 1. Flood openings must be designed
and certified by a registered design professional (requires
supporting engineering certification or make/model specific
ICC-ES Report), or meet the following criteria for non-
engineered flood openings:
A. Provide a minimum of two openings on different sides of
an enclosure. If more than one enclosed area is present,
each must have openings on exterior walls (having a total
net area of not less than one square inch for every one
square foot of enclosed area).
B. The bottom of all openings shall be no more than one foot
above the higher of the final interior grade (or floor) and
the finished exterior grade immediately under each
opening.
C. If the floor of the enclosure is below the BFE,the openings
must be located wholly below the BFE.
D. If the floor of the enclosure is at or above the BFE, but
below the FPG,the openings must be located wholly below
the FPG.
E. Doors and windows do not qualify as openings.
F. Openings may be equipped with screens, louvers, valves
or other coverings or devices provided they permit the
automatic flow of floodwaters in both directions.
G. Openings are to be not less than 3 inches in any direction
in the plane of the wall. This requirement applies to the
hole in the wall, excluding any device that may be inserted
such as typical foundation air vent device.
H. Property owners shall be required to execute and record
with the structure's deed a non-conversion agreement
declaring that the area below the lowest floor (where the
interior height of the enclosure exceeds 6 feet)shall not be
improved,finished or otherwise converted;the community
will have the right to inspect the enclosed area. The non-
conversion agreement shall be recorded in the office of the
St. Joseph County Recorder.
I. The floor of such enclosed area must be at or above grade
on at least one side.
(iv)A residential structure may be constructed on fill in accordance with the
following:
1. Fill shall be placed in layers no greater than 1 foot deep before
compacting to 95% of the maximum density obtainable with
either the Standard or Modified Proctor Test method. The
results of the test showing compliance shall be retained in the
permit file.
2. Fill shall extend ten (10) feet beyond the foundation of the
structure before sloping below the BFE
3. Fill shall be protected against erosion and scour during
flooding by vegetative cover, riprap, or bulk heading. If
vegetative cover is used, the slopes shall be no steeper than 3'
horizontal to 1' vertical.
4. Fill shall not adversely affect the flow of surface drainage from
or onto neighboring properties.
5. Fill shall be composed of clean granular or earthen material.
(v) A residential structure may be constructed using a stem wall foundation
(also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-
with-fill). Any backfilled stem wall foundation(also called chain wall,
raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be
backfilled with compacted structural fill, concrete, or gravel that
supports the floor slab. No flood openings are required for this type of
construction.
(c) Non-Residential Construction.
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(i) New construction or substantial improvement of any non-residential
structures (excludes accessory structures) shall meet provisions
described in Section 6-38.5(1) and applicable general standards
described in Section 6-38.5(2).
(ii) In Zone A and Zone AE,new construction,or substantial improvement
of any commercial, industrial, or non-residential structure (excludes
accessory structures) shall either have the lowest floor, including
basement, elevated to or above the FPG 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 6-38.5(3)(c)(iii). Should fill be used to elevate a structure, the
standards of Section 6-38.5(3)(c)(iv)must be met.
(iii)Fully enclosed areas formed by foundation and other exterior walls
below the flood protection grade shall meet the following requirement.
1. Designed to preclude finished living space and designed to
allow for the automatic entry and exit of floodwaters to
equalize hydrostatic flood forces on exterior walls. Flood
openings must be designed and installed in compliance with
criteria set out in FEMA Technical Bulletin 1. Flood openings
must be designed and certified by a registered design
professional (requires supporting engineering certification or
make/model specific ICC-ES Report), or meet the following
criteria for non-engineered flood openings:
A. Provide a minimum of two openings on different sides of
an enclosure. If more than one enclosed area is present,
each must have openings on exterior walls (having a total
net area of not less than one square inch for every one
square foot of enclosed area).
B. The bottom of all openings shall be no more than one foot
above the higher of the final interior grade (or floor) and
the finished exterior grade immediately under each
opening.
C. If the floor of the enclosure is below the BFE,the openings
must be located wholly below the BFE.
D. If the floor of the enclosure is at or above the BFE, but
below the FPG,the openings must be located wholly below
the FPG.
E. Doors and windows do not qualify as openings.
F. Openings may be equipped with screens, louvers, valves
or other coverings or devices provided they permit the
automatic flow of floodwaters in both directions.
G. Openings are to be not less than 3 inches in any direction
in the plane of the wall. This requirement applies to the
hole in the wall,excluding any device that may be inserted
such as typical foundation air vent device.
2. The floor of such enclosed area must be at or above grade on
at least one side.
(iv)A nonresidential structure may be constructed on fill in accordance with
the following:
1. Shall be placed in layers no greater than 1 foot deep before
compacting to 95% of the maximum density obtainable with
either the Standard or Modified Proctor Test method. The
results of the test showing compliance shall be retained in the
permit file.
2. Shall extend ten (10) feet beyond the foundation of the
structure before sloping below the BFE.
3. Shall be protected against erosion and scour during flooding by
vegetative cover, riprap, or bulk heading. If vegetative cover
is used, the slopes shall be no steeper than 3' horizontal to 1'
vertical.
4. Shall not adversely affect the flow of surface drainage from or
onto neighboring properties.
5. Shall be composed of clean granular or earthen material.
(v) A nonresidential structure may be floodproofed in accordance with the
following:
1. A Registered Professional Engineer or Architect shall certify
that the structure has been designed so that below the FPG,the
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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
Floodplain Administrator.
2. Floodproofing measures shall be operable without human
intervention and without an outside source of electricity.
(vi)A nonresidential structure may be constructed using a stem wall
foundation (also called chain wall, raised-slab-on-grade, and slab-on-
stem-wall-with-fill). Any backfilled stem wall foundation must be
backfilled with compacted structural fill, concrete, or gravel that
supports the floor slab. No flood openings are required for this type of
construction.
(d) Manufactured Homes and Recreational Vehicles.
(i) These requirements apply to all manufactured homes to be placed on a
site in the SFHA:
1. The manufactured home shall be elevated on a permanent
foundation such that the lowest floor shall be at or above the
FPG and securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
2. Fully enclosed areas formed by foundation and other exterior
walls below the FPG 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
6-38.5(3)(b)(iii).
3. Flexible skirting and rigid skirting not attached to the frame or
foundation of a manufactured home are not required to have
openings.
(ii) Recreational vehicles placed on a site in the SFHA shall either:
1. Be on site for less than 180 days and be fully licensed and ready
for use on a public highway(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
2. Meet the requirements for "manufactured homes" as stated
earlier in this section.
(e) Accessory Structures
Within SFHAs,new construction or placement of an accessory structure must meet
the following standards:
(i) Shall have a floor area of 400 square feet or less.
(ii) Use shall be limited to parking of vehicles and limited storage.
(iii)Shall not be used for human habitation.
(iv)Shall be constructed of flood resistant materials.
(v) Shall be constructed and placed on the lot to offer the minimum
resistance to the flow of floodwaters.
(vi)Shall be firmly anchored to prevent flotation.
(vii) Service facilities such as electrical and heating equipment shall be
elevated or floodproofed to or above the FPG.
(viii) Shall be 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 6-38.5(3)(c)(iii).
(ix) Shall not have subsequent additions or improvements that would
preclude the structure from its continued designation as an accessory
structure.
(f) Free-standing Pavilions, Gazebos, Decks, Carports, and Similar
Development.
Within SFHAs,new construction or placement of free-standing pavilions,gazebos,
decks,carports, and similar development must meet the following standards:
(i) Shall have open sides(having not more than one rigid wall).
(ii) Shall be anchored to prevent flotation or lateral movement.
(iii)Shall be constructed of flood resistant materials below the FPG.
(iv)Any electrical, heating, plumbing and other service facilities shall be
located at/above the FPG.
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(v) Shall not have subsequent additions or improvements that would
preclude the development from its continued designation as a free-
standing pavilion, gazebo, carport, or similar open-sided development.
(g) Above Ground Gas or Liquid Storage Tanks.
Within SFHAs,all newly placed or replacement aboveground gas or liquid storage
tanks shall meet the requirements for a non-residential structure as required in
Section 6-38.5(3)(c).
(4) Standards for Subdivision and Other New Developments
(a) All subdivision proposals and all other proposed new development shall be
consistent with the need to minimize flood damage.
(b) All subdivision proposals and all other proposed new development shall have
public utilities and facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage.
(c) All subdivision proposals and all other proposed new development shall have
adequate drainage provided to reduce exposure to flood hazards.
(d) In all areas of special flood hazard where base flood elevation data are not
available, the applicant shall provide a hydrologic and hydraulic engineering
analysis that generates base flood elevations for all subdivision proposals and all
other proposed new development (including manufactured home parks and
subdivisions), which is greater than fifty (50) lots or five (5) acres, whichever is
less.
(e) All subdivision proposals shall minimize development in the SFHA and/or limit
density of development permitted in the SFHA.
(f) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians
and vehicles(especially emergency responders).
(g) Streets,blocks lots,parks and other public grounds shall be located and laid out in
such a manner as to preserve and utilize natural streams and channels. Wherever
possible the floodplains shall be included within parks or other public grounds.
(5) Standards for Critical Facilities
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the SFHA. Construction of new critical facilities shall be permissible within the
SFHA if no feasible alternative site is available. Critical facilities constructed within the
SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing
and sealing measures must be taken to ensure that toxic substances will not be displaced
by or released into floodwaters. Access routes elevated to or above the FPG shall be
provided to all critical facilities to the extent possible.
Sec. 6-38.6.—Legal Status Provisions
(1) Severability.
If any section, subsection,sentence,clause, or phrase of these regulations is, for any
reason,declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the regulations as a whole,or any part thereof, other than the part so
declared.
(2) Effective Date.
This ordinance shall be in full force and effect upon adoption by the Common Council
and approval by the Mayor.
•
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Canneth Lee, cil President
South Bend Common Council
Attest:
Bianca L. Tirad , ity Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of
South Bend, Indiana on the 29`h day of April , 2025, at 12 o'clock p.m.
itotuezi eitai/ib
Bianca L. Tirado,City Cl
Office of the City Clerk
h�
Approved and signed by me on the 1 day of M7 , 2025, at I o'clock
f.m. 1
./11'\
Ja es Mueller,Mayor
y of South Bend, Indiana
26