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HomeMy WebLinkAboutAmending Articles 1,2,3 and 6 of Chapter 21 Zoning Ordinance Relative to Flood Plain RegulationsORDINANCE N®. 6304 -78 Passed by the Common Council of the City of South Bend, Indiana_ Attest: January 23 19 78 M City Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana January 24 — 78 C /- c� -.�.' IRENE K. GAMMON Approved and signed by me �•.a..... s d �9 '� 8 Clerk 12/15/77 ORDINANCE NO. 6 0 q--7 8 AN ORDINANCE AMENDING AND SUPPLEMENTING ARTICLES 1, 2, 3 and 6 OF CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING PROVISIONS RELATIVE TO FLOOD PLAIN REGULATIONS STATEMENT OF PURPOSE AND INTENT The purpose and intent of this Ordinance is to minimize or eliminate existing or potential flood hazards by placing special requirements on new construction or substantial improvement to structures as well as the use of land located in .flood plain areas having special flood hazards. A study of the flood -prone areas within the corporate limits of the City of South Bend, Indiana, has been completed, identifying the flood plain, the floodway fringe areas of the St. Joseph River, Bowman Creek, Clyde Creek, and Phillips Ditch in conjunction with the National Flood Insurance Program. The City must adopt amendments to the Zoning Ordinance in order to maintain its eligibility to participate in the National Flood Insurance Program. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 21, Article 1, Section 21 -1 of the Municipal Code of South Bend, Indiana, be amended by adding the following definitions: Sec. 21-1-(a) Federal Insurance Administration - for purposes of this (22.1) Ordinance, the administrative office for the National Flood Insurance Program. Sec. 21 -1 -(a) Flood a general and temporary condition of partial or (22.2) complete inundation of normally dry land resulting from the overflowing of a river, stream, or other body of water or the unusual and rapid accumulation of runoff surface waters; the collapse or subsidence of land along the shore of a lake or other body of water resulting from erosion or undermining caused by waves or currents exceeding anticipated cyclical levels or by an unusually high water level accompanied by a severe storm or other force of nature. For purposes of this Ordinance, the regulatory flood shall be the 100 -year flood. Sec. 21 -1 -(a) Flood hazard area - that portion of a flood plain which is (22.3) not adequately protected from flooding by means of dikes, levees, reservoirs, or other works approved by the Natural Resources Commission and which is subject to a one per cent 1% -chance of oo ing annually. Flood plain - the area adjoining a river or stream which has been or which may hereafter be flooded, so designated in the Flood Insurance Study of the City of South Bend, Indiana, prepared by Johnson & Anderson, for the Federal Insurance Administration. Sec 21 -1 (a.) Flood protection grade - the lowest elevation around the (22.,4) perimeter o a u 1-d g a,t w is . oo a he interior of the building. 21 -1 (a) Floodproofed building - a commercial or industrial building (22.5) designed to maintain a dry interior. A11 such, flo'odproofi:n shall be adequate to withstand the flood depths', pressures, velocities, impact and uplift force's and other factors associated with a recqulatory flood. 21 -1 (a) Floodproofing - a combination of structural and non- structural (22.6) additions, changes, or adjustments to properties and structures which maintain a dry interior and eliminate flood damage to lands, water and sanitary facilities, and contents of buildings. 21 -1 (a) Floodway - the channel of a river or stream and those portions (22.7) of the flood plain which are reasonably required to efficientl carry or discharge the flood water of the river or stream, so designated in—the Flood Insurance Study of the City of South Bend ", Indiana prepared by Johnson & Anderson for the Federal Insurance Administration. 21 -1 (a) Floodway Fringe - that portion of a flood hazard area outside (22.8) the limits of the floodway, so designated in the Flood Insurance Study of the City of South Bend,- Indiana, prepared by Johnson & Anderson for the Federal Insurance Administration. 21 -1 (a) Improvement Location Permit - a permit issued by the (30.1) Building Commissioner in accordance with the provisions of this Ordinance prior to the erection or alteration and use of a building or structure or use of land, stating that the proposed building, structure, and /or uses comply with all applicable provisions of this Ordinance, 21 -1 (a) Natural Resources Commission - the Natural Resources Commission (42.2) of the State of Indiana. 21 -1 (a) Regulatory flood profile - a long (47.1) thread of a river or stream showi attained by the requlatory flood. itudinal profile along the ng the maximum water surface 21 -1 (a) Substantial improvement - for purposes of flood plain regulation, (49.1) any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty per cent 500 of the market value of the structure, excluding the value of the land, either (a) before the improvement is commenced, or (b) prior to damage if the structure has been damaged and is being restored. Substantial improvement shall be considered to occur when the first alteration of any wall, ceiling, or other structural part of the building commences. The term shall not include any repair, reconstruction, or improvement of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, or structures designated as historic landmarks by the local legislative body. )SECTION II. Chapter 21, Article I, of Section 21 -4 of the Municipal Code of South Bend, Indiana, be amended by adding the following: Sec. 21 -4.1 Within a designated flood plain, floodway, or floodway fringe, the provisions of this Ordinance relative to land use and control and other measures designed to minimize or eliminate existing or potential flood hazards shall take precedence over any conflicting provisions of the Zoning nrH i nAnr -A - 2 - SECTION III. Chapter 21, Article 3, of Section 21 -37 of the Municipal Code of South Bend, Indiana, be amended by adding the following: Section 21 -37 (e) All buildings, structures, or uses existing in a designated flood plain, floodway, or floodway fringe which are not in full compliance with the provisions of this Ordinance relative to flood plain management shall be considered to be nonconforming. In addition to the provisions set forth above, the following provisions shall be applicable to nonconforming buildings, structures, or uses located within the F Flood Plain, F -1 Floodway, or F -2 Floodway Fringe District: (1) A nonconforming building, structure, or use located within the F -1 Floodway .. District shall not be expanded or enlarged unless a special permit for construction in a floodway shall have been issued by the Natural Resources Commission. (2) A nonconforming building, structure, or use located within the F Flood Plain, or F -2 Floodway Fringe District may be altered, enlarged, or extended, on a one -time -only basis, provided that such alteration, enlargement, or extension does not increase the value of the property', excluding the value of the land, by more than forty per cent (400) of its pre- improvement market value. Any alteration, enlargement, or extension of a nonconforming building, structure, or use which would constitute an increase in the value of the property, excluding the value of the land, by more than forty per cent (40 %) shall be in conformance with the provisions of this Ordinance. (3) A nonconforming building, structure, or use located within the F Flood Plain, F -1 Floodway, or F -2 Floodway Fringe District which is damaged by fire, flood, explosion, act of Cod, or the public enemy, may be restored to its original dimensions and conditions, provided the damage does not reduce the value of the building, excluding the value of the land, by more than forty per cent (4016) of its pre- damage value. Where such damage reduces the value of the building, excluding the value of the land, by more than forty per cent (40 %) of its predamage value, restoration shall be in conformance with the provisions of this Ordinance. SECTION IV. Chapter 21, Article 6, Section 21- 109(a) of the Municipal Code of South Bend, Indiana, be amended by adding the following. Section 21 -109 (a) (11) In addition to the provisions set forth above, the following provisions shall be applicable to the issuance of variances within the F Flood Plain, F -1 Floodway, or F -2 Floodway Fringe District. - 3 - (A) The Board of Zoning :Appeals may grant variances to the provisions of the F Flood Plain, F -1 Floodway, or F -2 Floodway Fringe District only upon the written approval of the Natural Resources Commission. (B) Variances may be granted only in cases where the following conditions are met: If a new structure is to be erected on a lot of one -half are or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade; or If a structure listed on the National Register of Historic Places or a State Inventory of Historic Places or a structure designated by the local legislative body as an historic landmark is to be restored or reconstructed. (C) In all instances, variances may be granted only upon: A showing of qood and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; A determination that issuance of such variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (D) In cases where a variance is granted, a notice shall be placed on the deed to the property stating that the proposed construc- tion will be located in a flood -prone area. Said notice must contain a statement of the number of feet that the lowest non - floodproofed floor of the proposed structure will be below the level of•the 100 -year flood and that actuarial flood insurance rates increase as the first floor elevation decreases. In addition, the Board of Zoning Appeals shall notify the applicant for said variance in writing that the issuance of a variance to construct a structure below the base flood elevation will result in increased flood insurance premium rates and that such construction below the base flood elevation increases risks to life and property. (E) The Board of Zoninc variance actions Appeals shall maintain a record of all ncluding justification for their issuance and shall include such information in the annual report submitted to the Federal Insurance Administration. A copy of said report shall also be sent to the Natural Resources Commission. - 4 - SECTION V. Chapter 21, Article 2, Section 21 -6 of the Municipal Code of South Bend, Indiana, be amended by adding the following: For purposes of flood plain regulations, the following Sec. 21 -6 (c) overlay zoning districts shall be established: "F" Flood Plain District "F -1" Floodway District "F -2" Floodway Fringe District SECTION VI. Chapter 21, Article 2, Section 21 -36 of the Municipal Code of South Bend, Indiana, be amended by adding the following: Sec.. 21- 36.2 (a) "F" Flood Plain District The intent of the F Flood Plain District is to guide develop- ment in areas in which special flood hazards have been identified by the Federal Insurance Administration in connection with the National Flood Insurance Program., but when the regulatory floodway and floodway fringe have not been delineated by the Administration. An Improvement Location Permit shall be required foraII,construction and development in this district. (b) Permitted Uses All uses permitted in the zoning district or districts which the F Flood Plain District overlays shall be permitted in this district, provided that: All development proposed in designated flood plain areas shall be reviewed to determine whether such development will adversely affect or will be adversely affected by the flood hazard. The- Building Commissioner shall forward the proposal to t,ie Natural Resources Commission for review and written approval prior to the issuance of a Building Permit. (c) All uses normally permitted as special exceptions in the zoning district or districts which the F Flood Plain District overlays shall be permitted in this district in accordance with the review procedure set forth above for permitted uses in the F Flood Plain District. 21 -36.3 (a) "F -1" Floodway District The intent of this section is to establish.a zoning district in which to protect an p-rt_, yz� floodways from any encroach- ment which might adversely affect the efficiency or unduly restrict the capacity of the floodway. Accordingly fill, encroachment, new construction, and substantial improvement of existing structures which would result in any increase in flood heights within the community during the recurrance of the 100 -year flood shall be prohibited. An Improvement Location Permit shall be required for all construction and development in this district. - 5 - (b) Permitted Uses The following uses shall be permitted in this district and shall not require a permit from the Natural Resources Commission, provided that such uses do not involve any structure, obstruction, deposit, or excavation. (1) Forrestry, wildlife areas, and nature preserves. (2) Parks and recreational uses. (c) The following uses shall require additional consideration as to their flood damage potential, particularly as they involve structures, obstructions, deposits, or excavations which might raise the level of the regulatory flood, constitute an unreasonable hazard to the safety of life or property, or result in unreasonably detrimental effects upon fish, wildlife, and botanical resources. These uses shall be permitted only if they are otherwise permitted in the district or districts which the floodway overlays. These uses shall further require a permit issued by the Natural Resources Commission prior to the granting of a special exception by the Board of Zoning Appeals. All terms and conditions imposed by the Natural Resources Commission shall be incorporated into any permit for such use issued by the Building Commissioner and by the Board. The Board and the Building Commissioner may further impose greater restrictions in keeping with the intent of this Ordinance. (1) Water management and use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, marinas, piers, wharves, levees, seawalls, floodwalls, and irrigation facilities. (2) Transportation facilities such as streets, bridges, roadways, fords, pipelines, railroads, and utility transmission facilities. (3) Temporary or seasonal occupancy, such as carnivals, fairs, circuses, camps, and amusement parks. (4) Water- related urban uses, such as waste -water treatment facilities, storm sewers, electric generating and transmission facilities, and water treatment facilities. (5) Other flood tolerant or open space urban uses, such as flood - proofed industrial and commercial buildings,race tracks, tennis courts, park buildings, radio and TV towers, and parking lots, provided that where floodproofi: is utilized for a particular structure in accordance with this provision, a professional architect or engineer registered in the State of Indiana shall certify to the Building Commissioner that the floodproofing methods are reasonably adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and other factors associated with the 100 -year flood, and upon completion of the structure, that said structure has been constructed accordingly. - 6 - A record of such certification shall be maintained by the Building Department. (d) The following uses shall be specifically prohibited in the F -1 Floodway District: (1) The location of a new mobile home park or mobile home subdivision. (2) Any expansion to an existing mobile home park or mobile home subdivision. (3) Any new mobile home not located in a mobile home park or mobile home subdivision. Sec. 21 -36.4 (a) "F -2" Floodway Fringe District The intent of this section is to establish a zoning district in which to regulate development in areas sensitive to floods and flood hazards. An Improvement Location Permit shall be required for all construction and development in this district. (b) All uses normally permitted in the zoning district or districts which the floodway fringe overlays shall be permitted under the provisions of this section, provided that: (1) Residential buildings and structures shall be constructed so that the lowest floor (including the basement) is elevated to two feet above the regulatory flood profile, as established by the Natural Resources Commission, provided, however, in accordance with the provisions of the National Flood Insurance Program, that the community may petition the Federal Insurance Administration for an exception to allow the construction of basements and /or storm cellars below the required elevation. Sites on which fill is necessary to meet this provision shall be buffered from direct contact with flood waters by extending the fill at such elevation a minimum of 15 feet beyond the perimeter of the building. (2) Non - residential buildings and structures shall be constructed so that: (A) The lowest floor (including the basement) shall be elevated to two feet above the regulatory flood profile, as established by the Natural Resources Commission; or (B) Together with attendant utility and sanitary facilities, said building or structure shall be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resid.ting hydrostatic and hydrodynamic loads and effects of buoyancy. Where floodproofing is utilized for a particular structure in accordance with this provision, a professional architect or engineer registered in the State of Indiana shall certify to the Building Commissioner that the floodproofing methods are reasonably adequate to withstand the flood depths, pressures, velocities, impact and -- 7 - uplift forces, and other factors associated with the 100 -year flood and upon completion of the structure, that said structure has been constructed accordingly. A record of such certification shall be maintained by the Building Department. (C) Sites on which fill is necessary to meet this provision shall be buffered from direct contact with flood waters by extending the fill at such elevation a minimum of 15 feet beyond the perimeter of the building. (3) Other flood tolerant or open space urban uses, such as flood - proofed buildings, race tracks, tennis courts, park buildings, outdoor theaters, fills truck freight terminals, radio or TV towers, and parking lots, provided that where floodproofing is utilized for a particular structure in accordance with this provision, a professional architect or engineer registered in the State of Indiana, shall certify to the Building Commissioner that the floodproofing methods are reasonably adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces, and other factors associated with the 100 -year flood, and upon completion of the structure, that said structure has been constructed accordingly. (4) On -site waste disposal systems must be located so as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. (c) Special Exceptions The provisions set forth for permitted uses in the F -2 Floodway Fringe District shall also be applicable to special exceptions in the F -2 District. SECTION VII. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. Mem er of the ommon Council ® I signea oniy to provide an * words added underlined blic ci__seon I.. -, , „r�n7a-i�;A11 �� t.,LL Pit,, * words deleted ------------------ - - - - -- and Council action on the issuQ. 1st READING % � '' P'.E!_iC HEARINd. 1 -a 7 �' 2n,J READING ! ` ,� 3 NOT APPROVED, REFERRED s r7 PASSED Ct'-j FILED I% CLERK'S OFFICE 77 Irene Gammon CITY CLERK, SOUTH BEND, IND. 9 AREqPLAN CO MMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 RICHARD S. JOHNSON Executive Director South Bend, Indiana 46601 (219) 284 -9571 December 21, 1977 In Re: A proposed ordinance initiated by the Area Plan Commission to amend the Zoning Ordinance of the City of South Bend, by adding provisions relative to flood plain regulations, City of South Bend Gentlemen: The attached ordinance initiated by the Area Plan Commission was legally advertised December 10, 1977. The Area Plan Commission gave it a public hearing on December 20, 1977, at which time the following action was taken: "Upon a motion by Earl Kime, being seconded by June Stratton and carried, the ordinance initiated by the Area Plan Commission to amend the Zoning Ordinance of the City of South Bend, by adding provisions relative to flood plain regulations, City of South Bend, is returned to the Common Council with a favorable recommendation." The deliberations of the Area Plan Commission and points considered in arriving at the above decisison are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the original ordinance for the above. Very truly yours? Richard S, Johnson Executive Director RSJ /bsj attach. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN (foututtttrr Irport Mo t4t Tommon Tonnrd of tot (gull of #ova# jornb: Your Committee of the Whole to whom was referred A BILL AMENDING AND SUPPLEMENTING ARTICLES 1, 2, 3, AND 6 OF CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING PROVISIONS RELATIVE TO FLOOD PLAIN REGULATIONS. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, on page 3, Section 21 -37 (1) remove the word "fringe." FranHorvath Chairman FRE[ PRESS PUBLISHING CO.