11197-25 Amending Chapter 6, Article 9, of the South Bend Municipal Code to Update the Regulations for Flood Damage Prevention

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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. 10