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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(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, 3