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HomeMy WebLinkAboutAmend Chapter 21, Article 12, Floodplain regulations in order to adopt the most recent Federal and State requirementsORDINANCE No. s~sa~, Passed by the Common Council of the City of South Bend, Indiana February 12, 01 20 Attest: Attest:. City Clerk President of Common Council Presented by me to the Mayor of the City of Soutlz Bend, Indiana City Clerk February 14, Approved and signed by me 20 ~ Mayrn ORDINANCE NO. ~ 1 t ~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS. STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the South [3end Municipal Code, Article 12, Floodplain Regulations to reflect changes in the Indiana Code. The Common Council of the City of South Bend recognizes its duty to enact amendments to the Floodplain Regulations in order to continue to qualify for participation in the National Flood Insurance Program. The Common Council further recognizes that a study of the flood-prone areas in the City of South Bend, Indiana, has been prepared and published by the Federal Emergency Management Agency, and identifies the floodplains, floodways and floodway fringe areas within the City in conjunction with the National Flood Insurance Program. follows: Now, Therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as Section I. That CHAPTER 21, ARTICLE 12, FLOOD PLAIN REGULATIONS, be deleted in its entirety. Section 2. That CHAPTER 21, ZONING, of the MUNICIPAL CODE of the City of South Bend, Indiana, be amended by adding the following new ARTICLE: Article 12. FLOODPLAIN REGULATIONS SEC. 21-178 STATUTORY AUTHORIZATION. (a) The Indiana Legislature granted the power to local units of govemment (IC 36-7-4) to control land use within their jurisdictions in order to accomplish the following. SEC. 21-179. STATEMENT OF PURPOSE. (a) The purpose of this ordinance is to guide development in the flood hazard areas in order to reduce the potential for loss of life and property, reduce the potential for health and safety hazards, and to reduce the potential for extraordinary public expenditures for flood protection and relief. Under the authority granted to local units of govemment to control land use within their jurisdiction, which includes taking into account the effects of flooding, the Common Council of the City of South Bend, Indiana, hereby adopts the following floodplain management regulations in order to accomplish the following: (1) to prevent unwise developments from increasing flood or drainage hazards to others; (2) to protect new buildings and major improvements to buildings from flood damage; (3) to protect human life and health from the hazards of flooding; (4) to lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations; (5) to maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and (6) to make federally subsidized flood insurance available for structures and their contents in the City of South Bend, Indiana, by fulfilling the requirements of the National Flood Insurance Program. SEC. 21-180 DEFINITIONS. (a) In addition to the definitions contained in ARTICLE 1, GENERAL PROVISIONS, Section 21-1 Definitions, the following definitions shall apply to the Floodplain Regulations of the ARTICLE: (1) Building -see "structure." (2) Development means any man-made change to improved or unimproved real estate including but not limited to: a. construction, reconstruction, or placement of a building or any addition to a building; 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 bridges or culverts; g. storage of materials; or h. any other activity that might change the direction, height, or velocity of flood or surface waters. "Development' does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of Nermane~.f buildings. (3) 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 this ordinance. (4) 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). (5) FBFM means Flood Boundary and Floodway Map. (6) FEMA means Federal Emergency Management Agency. (7) FHBM means Flood Hazard Boundary Map. (8) FIRM means. Flood Insurance Rate Map. (9) Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. (10) Floodplain means the channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe districts. (11) Flood Protecfion Grade (FPG) means the elevation of the regulatory flood plus two feet at any given location in the Special Flood Hazard Area (SERA). (12) Floodway means the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream. (13) Floodway fringe means those portions of the floodplain lying outside the floodway. (14) Letter of Map Amendment (COMA) means an amendment to the currently effective FEMA map that establishes that a property is not located in a Special Flood Hazard Area (SERA). A COMA is only issued by FEMA. (15) 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. (16) Lowest Floor means the lowest of the following: a. the top of the basement floor; b. the top of the garage floor, if the garage is the lowest level of the building; c. the top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or d. the top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless: 1. the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total area of one (1) square foot for every two (2} square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade. 2. such enclosed space shall be usable for the~parking of vehicles and building access. (17) 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." (18) 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 this ordinance. (19) 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 quarters for recreational camping, travel, or seasonal use. (20) Regulatory Flood means the flood having a one percent probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 5 of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood." (21) Special Flood Hazard Area (SERA) means those lands within the jurisdiction of the City of South Bend, Indiana that are subject to inundation by the regulatory flood. The SFI-IAs of the City of South Bend, Indiana are generally identified as such on the Flood Insurance Rate Map of the City of South Bend, Indiana prepared by the Federal Emergency Management Agency and dated February 17, 1988. The SFHAs of those parts of unincorporated St. Joseph County that are within the extraterritorial jurisdiction of the City of South Bend or that may be annexed into the City of South Bend are generally identified as such on the Flood Insurance Rate Map prepared for St, Joseph County by the Federal Emergency Management Agency and dated February 17, 1988. (22) Structure means a structure that is principally above ground and is enclosed by walls and a roof. i he term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days. (23) 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 "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure". SEC. 21-181. DUTIES OF THE ADMINISTRATOR. The Zoning Administrator for the City of South Bend, Indiana shall implement this ordinance and hereafter be referred to as the Zoning Administrator. The Zoning Administrator for the City of South Bend, Indiana is appointed to review all development and subdivision proposals to ensure compliance with this ordinance, including but not limited to the following duties: (a) Ensure that all development activities within the Special Flood Hazard Areas of the jurisdiction of the City of South Bend, Indiana meet the requirements of this ordinance. (b) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques. (c) Ensure that construction authorization has been granted by the Indiana Natural Resources Commission for all development projects subject to Sec. 21-184 of this ordinance, and maintain a record of such authorization (either copy of actual permit or letter of recommendation). (d) Maintain a record of the "as-built" elevation of the top of the lowest floor (including basement) of new and/or substantially improved buildings constructed in the Special Flood Hazard Areas. Inspect before, during and after construction. (e) Maintain a record of the engineer's cert~cate and the "as-built" floodproofed elevation of all buildings subject to Sec. 21-185 of this ordinance. (f) ~ Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this ordinance. Submit reports as required for the National Flood Insurance Program. (g) Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, Letters of Map Amendment (COMA), Letters of Map Revision (LOMR), copies of DNR permits and letters of recommendation, federal permit documents, and "as-built" elevation and floodproofing data for all building constructed subject to this ordinance. (h) Notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. SEC. 21-182. REGULATORY FLOOD ELEVATION. (a) This ordinance's protection standard is the regulatory flood. The best available regulatory flood data is listed oelow. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Department of Natural Resources for review and approval. (b) The regulatory flood elevation for each Special Flood Hazard Area delineated as an "AH Zone" or "AO Zone" shall be that elevation or depth delineated on the Flood Insurance Rate Map of the City of South Bend, Indiana. (c) The regulatory flood elevation for each of the remaining Special Flood Hazard Areas delineated as an "A Zone" on the Flood Insurance Rate Map of the City of South Bend, Indiana shall be according to the best data available as provided by the Department of Natural Resources. (d) The regulatory flood elevation and floodway limits for the Special Flood Hazard Areas of those parts of unincorporated St. Joseph County that are within the extraterritorial jurisdiction of the City of South Bend, Indiana or that may be annexed into the City of South Bend, Indiana shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of St. Joseph County dated February 17, 1988, and the corresponding Flood Boundary and Floodway Maps and Flood Insurance Rate Maps dated February 17, 1988, prepared by the Federal Emergency Management Agency. (e) If the Special Flood Hazard Area is delineated as "AH Zone or AO Zone," the elevation or depth will be delineated on the City of South Bend, Indiana Flood Insurance Rate Map. If the SFHA is delineated as "Zone A" on the City of South Bend, Indiana Flood Insurance Rate Map, the regulatory flood elevation shall be according to the best data available as provided by the Department of Natural Resources. (f) The regulatory flood elevation and floodway limits for the Special Flood Hazard Areas of the St. Joseph River and Clyde Creek, Bowman Creek, and Juday Creek shall be as delineated on the - 100 year flood profiles in the Flood Insurance Study of the City of South Bend, Indiana, dated .February 17, 1988 and the corresponding Flood Boundary and Floodway Map/Flood Insurance Rate Maps dated February 17, 1988 prepared by the Federal Emergency Management Agency. SEC. 21-183. IMPROVEMENT LOCATION PERMIT. (a) No person, firm, corporation, or governmental body not exempted by state law shall commence any "development" in the Special Flood Hazard Area without first obtaining an Improvement Location Permit from the Zoning Administrator. The Zoning Administrator shall not issue an Improvement Location Permit if the proposed "development" does not meet the requirements of this ordinance. (1) The application for an Improvement Location Permit shall be accompanied by the following: a. A description of the proposed development. b. Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams. c. A legal description of the property site. d. A site development plan showing existing and proposed development locations and existing and proposed land grades. e. Elevation of the top of the lowest floor including basement of all proposed development. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD) or North 6 American Vertical Datum (NAND). In either case the conversion formula should be included. (2) Upon receipt of an application for an Improvement Location Permit, the Zoning Administrator shall determine if the site is located within an identified floodway, floodway fringe or within the floodplain where the limits of the floodway have not yet been determined. a. If the site is in an identified floodway the Zoning Administrator shall require the applicant to forward the application, along with all pertinent...plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway. 1. Under the provisions of IC 14-28-1 a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the building. 2. No action shall be taken by the Zoning Administrator until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Zoning Administrator may issue the local Improvement Location Permit, provided the provisions contained in Sections 21-184 and 21-185 of this ordinance have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission. b. If the site is located in an ident~ed floodway fringe, then the Zoning Administrator may issue the local Improvement Location Permit provided the provisions contained in Sections 21-184 and 21-185 of this ordinance have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the Flood Protection Grade (FPG). c. If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Zoning Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment. 1. No action shall be taken by the Zoning Administrator until either a permit for construction in the floodway or a letter of recommendation citing the 100 year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources. 2. Once the Zoning Administrator has received the proper permit or letter of recommendation approving the proposed development, an improvement Location Permit may be issued provided the conditions of the Improvement Location Permit are not less restrictive than the conditions received from Natural Resources and the provisions contained in Sections 21-184 and 21-185 of this ordinance have been met. d. If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not .yet been determined and the drainage area upstream of the site is less than one square mile, the Zoning Administrator shall require the applicant to provide an engineering 7 analysis showing the limits of the floodway, floodway fringe and 100 year elevation for the site. 1. Upon receipt, the Zoning Administrator may issue the local Improvement Location Permit, provided the provisions contained in Sections 21-184 and 21-185 of this ordinance have been met. SEC. 21-184. PREVENTING INCREASED DAMAGES. No development in the Special Flood Hazard Area shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. (a) Within the floodway identified on the Flood Boundary and Fooodway Map, the Flood Insurance Rate Map, or engineering analysis as provided in Sec. 21-183(2)d, the following standards shall apply: (1) No development shall be allowed which acting alone or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood; and (2) For all projects involving channel modifications or fill, including levees the City of South Bend, Indiana shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data. (b). Within all Special Flood Hazard Areas identified as °Zone A° (no 100 year flood elevation and/or floodway/floodway fringe delineation has been provided), the following standard shall apply: (1) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth (0.1) of one foot and will not increase flood damages or potential flood damages. (c) Public Health Standards in all Special Flood Hazard Areas: (1) No development in the Special Flood Hazard Area shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the Flood Protection Grade, unless such materials are stored in a floodproofed storage tank or building constructed according to the requirements of Sec. 185 of this ordinance. (2) New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings are located above the FPG, or those which are located below the Flood Protection Grade are watertight. SEC. 21-185. PROTECTING BUILDINGS. In addition to the damage prevention requirements of Section 7, all buildings to be located in the SFHA shall be protected from flood damage below the Flood Protection Grade. (a) This building protection requirement applies to the following situations: (1) construction or placement of any new building having a floor area greater than 400 square feet; 8 (2) structural alterations made to an existing (previously unaltered) building, the cost of which equals or exceeds 50% of the value of the pre-altered building (excluding the value of the land); (3) any previously altered building; (4) reconstruction or repairs made to a damaged building that are valued at or more than 50% of the market value of the building (excluding the value of the land) before damage occurred; (5) installing a manufactured home on a new site or a new manufactured home on an existing site. This ordinance does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and (8) installing a travel trailer or recreational vehicle on a site for more than 180 days. (b) This building protection requirement may be met by one of the following methods. The Zoning Administrator shall maintain a record of compliance with these building protection standards as required in Section 21-181 of this ordinance. (1) A residential or nonresidential building may be constructed on a permanent land fill inaccordance with the following: a. The fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with the Standard Proctor Test method. b. The fill should extend at least ten feet beyond the foundation of the building before sloping below the Flood Protection Grade. c. The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical. d. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. e. The top of the lowest floor including basements, (see definition of lowest floor in Section 21- 180 Definitions) shall be at or above the Flood Protection Grade. (2) A residential or nonresidential building may be elevated in accordance with the following: a. The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation provided: 1. Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The bottom of all such opening shall be no higher than one (1) foot above grade. 2. A~ ~y enclosure below the elevated floor is used for storage of vehicles and building access. b. The foundation and supporting members shall be anchored and aligned in relation to flood lows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as buoyancy, current, waves, ice, and floating debris. c. All areas below the Flood Protection Grade shah be constructed of materials resistant to flood damage. The top of the lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the Flood Protection Grade. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed .service facilities may be located below the Flood Protection Grade. - (3) Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements: a. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the Flood Protection Grade and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site; 1. outside a manufactured home park or subdivision; 2. in a new manufactured home park or subdivision; 3. in an expansion to an existing manufactured home park or subdivision; or 4. in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood. b. This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (4) Recreational vehicles placed on a site shall either: a. be on the site for less than 180 consecutive days; b. be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or c. meet the requirements for "manufactured homes" in paragraph (3) of this section. (5) Anon-residential building may be floodproofed to the Flood Protection Grade (in lieu of elevating) if done in accordance with the following: a. A Registered Professional Engineer shall certify that the building has been designed so that below the Flood Protection Grade, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take 10 into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. b. Floodproofing measures shall be operable without human intervention and without an outside source of electricity. SEC. 21-186. OTHER DEVELOPMENT REQUIREMENTS. (a) The Area Plan Commission shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined elsewhere by ordinance. If the Area Plan Commission finds the subdivision to be so located, the Area Plan Commission shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Area Plan Commission shall require appropriate changes and modifications in order to assure that: (1) it is consistent with the need to minimize flood damages; (2) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; (3) adequate drainage is provided so as to reduce exposure to flood hazards; (4) onsite waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occur-ence of the regulatory flood. . (b) Developers shall record the 100 year flood elevation on all subdivision plats containing lands (identified elsewhere by this ordinance) within a flood hazard area prior to submitting the plats for approval by the Area Plan Commission. (c) All owners of manufactured home or mobile home parks or subdivisions located within the Special Flood Hazard Area identified as "Zone A" on South Bend's Flood Hazard Boundary Map or Flood Insurance Rate Maps shall develop an evacuation plan for those lots located in the Special Flood Hazard Area and shall have it filed and approved by the St. Joseph Emergency Management Agency and further file it with the Area Plan Commission. SEC. 21-187. VARIANCES. (a) The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this ordinance provided the applicant demonstrates that: (1) There exists a good and sufficient cause for the requested variance; (2) The strict application of the terms of this ordinance will constitute an exceptional hardship to the applicant, and (3) The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances. (b) The Board of Zoning Appeals may issue a variance to the terms and provisions of this ordinance subject to the following standards and conditions: 11 (1) No variance or exception for a residential use within a floodway subject to Sec. 21-184 of this ordinance may be granted. (2) Any variance or exception granted in a floodway subject to Sec. 21-184 of this ordinance will require a permit from Natural Resources. (3) Variances or exceptions to the Building Protection Standards of Sec. 21-185 may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. (4) Variance or exception may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects; (5) All variances shall give, the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and (6) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums. SEC. 21-188. DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this ordinance does not create any liability on the part of the City of South Bend, Indiana, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this ordinance or any administrative decision made lawfully thereunder. SEC. 21-189. VIOLATIONS. Failure to obtain an Improvement Location Permit in the Special Flood Hazard Area or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for the City of South Bend, Indiana. (a) . A separate offense shall be deemed to occur for each day the violation continues to exist. (b) The Zoning Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. (c) Nothing herein shall prevent the City of South Bend, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. 12 SEC. 21-190. ABROGATION AND GREATER RESTRICTIONS. This ordinance repeals and replaces other ordinances adopted by the City of South Bend, Indiana to fulfill the requirements of the National Flood Insurance Program. However, this ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this ordinance repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. In addition, the City of South Bend, Indiana shall assure that all National Flood Insurance Program regulations and laws (310 IAC 6-1-1, IC 14-28-1 and IC 14-28-3) are met. SEC. 21-191. SEPARABILITY. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. Section 3. This ordinance shall be in full force and effect from and after its enactment, approval by the Mayor and publication as required by law. ^~ Member, The Common C 'un il, City of South Bend 1st READING I v o ~~ ~ PUBLIC BEARING 'L't2"~~ 3rd READING 'L-l~--~ NOT APPROVED REFERRED PASSED Z- `'L- ~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 1-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOOD PLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Andrew Udj ak Chairman . - Area Plan Commission of St. Joseph County - - •, 1140 County-City Building • 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 December 13, 2000 Charlotte Pfeifer, President City of South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Floodplain Ordinance Amendment Dear Ms. Pfeifer: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to bring the City' floodplain ordinance into compliance with the current state and federal regulations. These changes are a result of a meeting with staff members of the Indiana Department of Natural Resources, Don Fozo and staff of the Area Plan Commission. Please place this proposed ordinance on the January 8, 2001, Common Council agenda for first reading. We anticipate that the Area Plan Commission will hear this ordinance on January 16, 2001. If you have any questions, please feel free to contact me. Sincerely, ~~~~-~. GU x~~: hn W. Byo DEC 1 ~ 2QQ~ ~ c i .,, Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan Commission of St. Joseph County_ - , 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 January 17, 2001 The Honorable Common Council e 1- City of South Bend e County City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission amending Chapter 21, Zoning, Article 12, Floodplain Regulations of the City of South Bend by adoppting the most recent State and Federal requirements relative to floodplain regulations - APC #245-00 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on January 4, 2001. The Area Plan Commission at its public hearing on January 16, 2001, took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley aad unanimously carried, the pproposed ordinance initiated by the Area Plan Commission amending Chapter 21, Zoning, Article 12, Floodplain Regulations of the Cityy of South Bend by adopting the most recent State and Federal requirements relative to floodplain regulations ;is sent to the Common Council with a favorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. S' er y, ~~ Bert ante RWS:sr Attachment } _. i--- -f- __..~ ....~ f ,~ ~~ ~; ~ . ~Oz~~ ~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT January 8, 2001 Initiated by the Area Plan Commission 2045-00 Location: City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to amend Chapter 21, Zoning, Article 12, Floodplain Regulations in order to adopt the most recent State and Federal requirements relative to floodplain regulations. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation.