Hartford City City Zoning Code
CHAPTER 153
FLOOD HAZARD REGULATIONS
§ 153.01 STATUTORY AUTHORIZATION.
The state’s legislature has in I.C. 36-7-4 granted the power to local government units to control land use within their jurisdictions. Therefore, the Common Council of the city does hereby adopt the following floodplain management regulations.
(Ord. 2014-05, passed 5-5-2014)
§ 153.02 FINDINGS.
The flood hazard areas of 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 affects the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately floodproofed or otherwise unprotected from flood damages.
(Ord. 2014-05, passed 5-5-2014)
§ 153.03 PURPOSE.
It is the purpose of this chapter 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) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards which result in damaging increases in erosion or in flood heights or velocities;
(B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters;
(D) Control filling, grading, dredging and other development which may increase erosion or flood damage;
(E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
(F) Make federally-subsidized flood insurance available for structures and their contents in the city by fulfilling the requirements of the National Flood Insurance Program.
(Ord. 2014-05, passed 5-5-2014)
§ 153.04 OBJECTIVES.
The objectives of this chapter are:
(A) To protect human life and health;
(B) To minimize the expenditure of public money for costly flood control projects;
(C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(D) To minimize prolonged business interruptions;
(E) To minimize damage to public facilities and utilities located in floodplains, such as water and gas mains, electric, telephone and sewer lines, streets and bridges; and
(F) To help maintain a stable tax base by providing for the sound use and development of flood- prone areas in such a manner so as to minimize flood blight areas.
(Ord. 2014-05, passed 5-5-2014)
§ 153.05 EFFECTIVE DATE.
This chapter came into full force and effect on July 7, 2014.
(Ord. 2014-05, passed 5-5-2014)
§ 153.06 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
A ZONE. The portions of an SFHA in which the principal source of flooding is runoff from rainfall, snowmelt or a combination of both. In A ZONES, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AH, Zone A99, Zone AO, and Zone AR on a FIRM. The definitions are presented below.
(1) ZONE A. Areas subject to inundation by the 1% annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown.
(2) ZONE AE and ZONES A1-A30. Areas subject to inundation by the 1% annual chance flood event as determined by detailed methods. Base flood elevations are shown within these zones. ZONE AE is on new and revised maps in place of ZONES A1-A30.
(3) ZONE AH. Areas subject to inundation by 1% annual chance shallow flooding, usually areas of ponding, where the average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone.
(4) ZONE A99. Areas subject to inundation by the 1% annual chance flood event, but which will ultimately be protected upon completion of an under construction federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams or levees, to consider it complete for insurance-rating purposes. ZONE A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown.
(5) ZONE AO. Areas subject to inundation by 1% annual chance shallow flooding, usually sheet flow on sloping terrain, where the average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone.
(6) ZONE AR. Areas which result from the decertification of a previously-accredited flood protection system that is determined to be in the process of being restored to provide base flood protection.
ACCESSORY STRUCTURE or APPURTENANT STRUCTURE. A structure with a floor area 400 square feet or less which is located on the same parcel of property as the principal structure, and the use of which is incidental to the use of the principal structure. ACCESSORY STRUCTURES should constitute a minimal initial investment, may not be used for human habitation and shall be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns and hay sheds.
ADDITION or ADDITION TO AN EXISTING STRUCTURE. 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.
APPEAL. A request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter.
AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the community’s flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly-defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION or BFE. The elevation of the 1% annual chance flood.
BASEMENT. The portion of a structure having its floor subgrade, or below ground level, on all sides.
BOUNDARY RIVER. The part of the Ohio River which forms the boundary between Kentucky and Indiana.
BOUNDARY RIVER FLOODWAY. The floodway of a boundary river.
BUILDING. See STRUCTURE.
COMMUNITY. A political entity which has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.
COMMUNITY RATING SYSTEM or CRS. A program developed by the Federal Insurance Administration to provide incentives for those communities in the regular Program which have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.
CRITICAL FACILITY. 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, police, fire and emergency response installations and installations which produce, use or store hazardous materials or hazardous wastes.
DEVELOPMENT.
(1) Any human-made change to improved or unimproved real estate including, but not limited to:
(a) The 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, erecting walls and fences, constructing roads or similar projects;
(d) The construction of flood control structures such as levees, dikes, dams, channel improvements and the like;
(e) Mining, dredging, filling, grading, excavating or drilling operations;
(f) The construction or reconstruction of bridges or culverts;
(g) The storage of materials; or
(h) Any other activity which might change the direction, height or velocity of floodwaters or surface waters.
(2) DEVELOPMENT does not include activities such as activities for the maintenance of existing structures and facilities, such as painting, reroofing, resurfacing roads or gardening, or plowing and similar agricultural practices which do not involve filling, grading, excavating or the construction of permanent structures.
ELEVATED STRUCTURE. A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations, also called chain walls, pilings or columns such as posts and piers.
ELEVATION CERTIFICATE. A certified statement which verifies a structure’s elevation information.
EMERGENCY PROGRAM. The first phase under which a community participates in the NFIP. It is intended to provide a first-layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. 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 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.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which 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.
FEMA. The Federal Emergency Management Agency.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation, overflow or runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP or FBFM. An official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazard and regulatory floodways.
FLOOD INSURANCE RATE MAP or FIRM. 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.
FLOOD INSURANCE STUDY or FIS. The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, the FBFM, where applicable, and the water surface elevation of the base flood.
FLOOD-PRONE AREA. Any land area which is acknowledged by a community as being susceptible to inundation by water from any source. See FLOOD.
FLOOD PROTECTION GRADE or FPG. The elevation of the regulatory flood plus two feet at any given location in the SFHA. See FREEBOARD.
FLOODPLAIN. 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 fringe districts.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and for preserving, and where possible, enhancing, the natural resources in a floodplain. This includes, but is not limited to, open space plans, emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS. This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations and special purpose ordinances and other applications of police power.
(Ord. 2014-05, passed 5-5-2014)
§ 153.07 FLOODPLAIN ADMINISTRATOR, DUTIES AND RESPONSIBILITIES.
(A) Designation. The Zoning Administrator of the county is to administer and implement the provisions of this chapter, and is herein referred to as the Floodplain Administrator.
(B) Duties and responsibilities.
(1) The Floodplain Administrator and his or her designated staff are hereby authorized and directed to enforce the provisions of this chapter. The Administrator is further authorized to render interpretations of this chapter which are consistent with its spirit and purpose.
(2) Duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
(a) Review all floodplain development permits to ensure that the permit requirements of this chapter have been satisfied;
(b) Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations;
(c) Ensure that construction authorization has been granted by the State Department of Natural Resources for all development projects subject to §§ 153.46 and 153.48(A) of this chapter and maintain a record of such authorization, either a copy of the actual permit and authorization or the floodplain analysis and regulatory assessment;
(d) Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits and authorizations are to be maintained on file with the floodplain development permit;
(e) Maintain and track permit records involving additions and improvements to residences located in the floodway;
(f) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration to or relocation of a watercourse, and submit copies of such notifications to FEMA;
(g) 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 DNR permits, letters of authorization, floodplain analysis and regulatory assessments, letters of recommendation, federal permit documents and as- built elevation and floodproofing data for all buildings constructed subject to this chapter;
(h) 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;
(i) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished;
(j) Review certified plans and specifications for compliance;
(m) Issue stop-work orders.
1. Upon notice from the Floodplain Administrator, work on any building, structure or premises which is being done contrary to the provisions of this chapter shall immediately cease.
2. Such notice shall be in writing and shall be given to the owner of the property, his or her agent or the person doing the work, and shall state the conditions under which work may be resumed.
(Ord. 2014-05, passed 5-5-2014)
§ 153.20 FLOODPLAIN DEVELOPMENT PERMITS.
(A) Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, the existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities and the locations of the foregoing.
(Ord. 2014-05, passed 5-5-2014)
§ 153.21 APPLICATION STAGE REQUIREMENTS.
(A) A description of the proposed development;
(B) The location of the proposed development sufficient to accurately locate the property and structure or structures in relation to existing roads and streams;
(C) A site development plan showing existing and proposed development locations and existing and proposed land grades;
(D) A legal description of the property site;
(E) The elevation of the top of the planned lowest floor, including the basement, of all proposed buildings. Elevation should be in NAVD 88 or NGVD;
(F) The elevation, in NAVD 88 or NGVD, to which any nonresidential structure will be floodproofed; and
(G) A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. A hydrologic and hydraulic engineering study is required, with any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision. See § 153.07(B)(2)(f) of this chapter for additional information.
(Ord. 2014-05, passed 5-5-2014)
§ 153.22 CONSTRUCTION STAGE REQUIREMENTS.
(A) Upon the establishment or placement of the lowest floor, in order to include any approved floodproofing, before framing continues, it shall be the duty of the applicant to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor or the floodproofed elevation, as-built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular structure, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by the same.
(B) Any work undertaken prior to submission of the floodproofing certification shall be at the applicant’s risk. The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted. The applicant shall correct deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the survey or failure to make the corrections required shall be cause to issue a stop-work order for the project.
(C) Any work undertaken prior to submission of the elevation certification shall be at the applicant’s risk. The Floodplain Administrator shall review the lowest floor or floodproofed elevation survey data submitted. The applicant shall correct any deficiencies detected by such review. Failure to submit the elevation certification or failure to make the corrections required shall be cause to issue a stop- work order for the project.
(D) Upon establishment of the floodproofed elevation of a floodproofed structure, it shall be the duty of the applicant to submit to the Floodplain Administrator a floodproofing certificate. Certification shall be prepared by or under the direct supervision of a registered professional engineer and certified by the same. The Floodplain Administrator shall review the floodproofing certification submitted. The applicant shall correct any deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the floodproofing certification or failure to make the corrections required shall be cause to issue a stop-work order for the project.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.23 FINISHED CONSTRUCTION REQUIREMENTS.
(A) Upon the completion of construction, a FEMA elevation certificate, Form 81-31, which depicts all finished construction is required to be submitted to the Floodplain Administrator.
(B) If the project includes a floodproofing measure, then a FEMA floodproofing certificate, Form 81-65, is required to be submitted by the applicant to the Floodplain Administrator.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.35 GENERAL SFHA STANDARDS.
In all SFHAs and known flood-prone areas, the following provisions are required.
(A) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(B) Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, the use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
(C) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.
(D) New construction and substantial improvements shall be constructed by methods and practices which minimize flood damage.
(E) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters and other service facilities shall be located at or above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below the FPG.
(F) New and replacement water supply systems shall be designed to minimize or eliminate the infiltration of floodwaters into the system.
(G) New and replacement sanitary sewage systems shall be designed to minimize or eliminate the infiltration of floodwaters into the system.
(H) Onsite waste disposal systems shall be located and constructed so as to avoid impairment to them or contamination from them during flooding.
(I) Any alteration, repair, reconstruction or improvement to a structure which is in compliance with the provisions of this chapter shall meet the requirements of “new construction” as contained in this chapter.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.36 PROTECTION BELOW FLOOD PROTECTION GRADE, ALL STRUCTURES.
(A) In addition to the requirements of § 153.35 of this chapter, all structures to be located in a SFHA shall be protected from flood damage below the FPG.
(B) This building protection requirement applies to the following situations:
(1) The construction or placement of any structure having a floor area greater than 400 square feet;
(2) An addition or improvement made to any 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;
(3) Reconstruction or repairs made to a damaged structure where the cost 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;
(4) Installing a travel trailer or recreational vehicle on a site for more than 180 days;
(5) Installing a manufactured home on a new site or a new manufactured home on an existing site. This division (B)(5) does not apply to returning an existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage;
(6) An addition or improvement made to any existing structure with a previous addition or improvement which was constructed since the community’s first floodplain ordinance; and
(7) Reconstruction or repairs made to a repetitive-loss structure.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.37 RESIDENTIAL STRUCTURES.
In all SFHAs, the new construction or substantial improvement of any residential structure or manufactured home shall have the lowest floor, including the basement, at or above the FPG, two feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, then openings sufficient to facilitate the unimpeded movement of floodwaters shall be provided in accordance with the standards of § 153.39 of this chapter.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.38 NONRESIDENTIAL STRUCTURES.
(A) In all SFHAs, the new construction or substantial improvement of any commercial, industrial or nonresidential structure or manufactured home shall either have the lowest floor, including the basement, elevated to or above the FPG, two feet above the base flood elevation, or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, then openings sufficient to facilitate the unimpeded movement of floodwaters shall be provided in accordance with the standards of § 153.39 of this chapter.
(B) Structures located in all A Zones may be floodproofed in lieu of being elevated if done 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 structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structural 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 official as set forth in § 153.07(B)(2)(l) of this chapter.
(2) Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.39 ELEVATED STRUCTURES.
(A) In all SFHAs, the new construction or substantial improvement of elevated structures shall have the lowest floor at or above the FPG.
(B) Elevated structures with fully-enclosed areas formed by the foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must meet the following minimum criteria:
(1) Provide a minimum of two openings located in a minimum of two exterior walls which have a total net area of not less than one square inch for every one square foot of enclosed area;
(2) The bottom of all openings shall be not more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher;
(3) Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic flow of floodwaters in both directions;
(4) Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles, as in a garage door, or for the limited storage of maintenance equipment used in connection with the premises, as in a standard exterior door, or for entry to the living area, as in a stairway or elevator;
(5) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms; and
(6) The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.40 STRUCTURES CONSTRUCTED ON FILL.
In all SFHAs, a residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following.
(A) Fill shall be placed in layers not greater than one 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.
(B) Fill shall extend ten feet beyond the foundation of the structure before sloping below BFE.
(C) Fill shall be protected against erosion and scour during flooding by vegetative cover, riprap or bulkheading. If vegetative cover is used, then slopes shall be no steeper than three horizontal to one vertical.
(D) Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
(E) The top of the lowest floor, including the basement, shall be at or above the FPG.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.41 MANUFACTURED HOMES AND RECREATIONAL VEHICLES.
In all SFHAs, manufactured homes and recreational vehicles which are to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements.
(A) These requirements apply to all manufactured homes to be placed on a site outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.
(1) The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and be securely anchored to an adequately-anchored foundation system so as to resist flotation, collapse and lateral movement.
(2) Fully-enclosed areas formed by the foundation and other exterior walls below the FPG shall be designed to preclude finished living space and allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in § 153.39 of this chapter.
(3) Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
(B) These requirements apply to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision which has not been substantially damaged by a flood.
(1) The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations which are not less than 36 inches in height above grade and be securely anchored to an adequately-anchored foundation system so as to resist flotation, collapse and lateral movement.
(2) Fully-enclosed areas formed by the foundation and other exterior walls below the FPG shall be designed to preclude finished living space and allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in § 153.39 of this chapter.
(3) Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
(C) Recreational vehicles placed on a site shall:
(1) Be on site for less than 180 days;
(2) Be fully-licensed and READY FOR HIGHWAY USE, which is defined as being on its wheels or jacking system, being attached to the site only by quick disconnect-type utilities and security devices and having no permanently-attached additions; or
(3) Meet the requirements for manufactured homes as stated in divisions (A) or (B) above.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.42 ACCESSORY STRUCTURES.
(A) In all SFHAs, relief to the elevation or dry floodproofing standards may be granted for accessory structures.
(B) Such structures must meet the following standards:
(1) Shall not be used for human habitation;
(2) Shall be constructed of flood-resistant materials;
(3) Shall be constructed and placed on the lot so as to offer minimum resistance to the flow of floodwaters;
(4) Shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG; and
(6) 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 § 153.39 of this chapter.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.43 ABOVEGROUND GAS OR LIQUID STORAGE TANKS.
In all SFHAs, all aboveground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.44 SUBDIVISION PROPOSALS.
(A) All subdivision proposals shall be consistent with the need to minimize flood damage.
(B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed so as to minimize flood damage.
(C) All subdivision proposals shall have adequate drainage provided so as to reduce exposure to flood hazards.
(D) Base flood elevation data shall be provided for subdivision proposals and other proposed developments, including manufactured home parks and subdivisions, which are greater than the lesser of 50 lots or five acres.
(E) All subdivision proposals shall minimize development in an SFHA and limit the density of development permitted in an SFHA.
(F) All subdivision proposals shall ensure safe access into and out of SFHAs for pedestrians and vehicles, especially emergency responders.
(Ord. 2014-05, passed 5-5-2014)
§ 153.45 CRITICAL FACILITIES.
To the extent possible, the construction of new critical facilities shall be located outside of the limits of an SFHA. The construction of new critical facilities shall be permissible within an SFHA if no feasible alternative site is available. Critical facilities constructed within an 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.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.46 IDENTIFIED FLOODWAYS.
(A) Located within SFHAs, established herein are areas designated as floodways. A floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris and potential projectiles and have erosion potential. If a site is in an identified floodway, then the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the State Department of Natural Resources and apply for a permit for construction in a floodway.
(B) (1) Under the provisions of I.C. 14-28-1, a permit for construction in a floodway from the State 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 a floodway. This includes land preparation activities such as filling, grading, clearing, paving and the like which are undertaken before the actual start of the construction of a structure. However, it does exclude non-substantial additions and improvements to existing, lawful residences in a non-boundary river floodway, as I.C. 14-28-1-26 allows for the construction of a non-substantial addition or improvement to a residence in a non- boundary river floodway without obtaining a permit for construction in a floodway from the State Department of Natural Resources.
(2) Please note that if fill is needed to elevate an addition above the existing grade, then prior approval for the fill is required from the State Department of Natural Resources.
(C) (1) No action shall be taken by the Floodplain Administrator until a permit or a letter of authorization, when applicable, has been issued by the State Department of Natural Resources granting approval for construction in a floodway.
(2) Once a permit for construction in a floodway or letter of authorization has been issued by the State Department of Natural Resources, the Floodplain Administrator may issue the local floodplain development permit, provided that the provisions contained in §§ 153.35 through 153.49 of this chapter have been met.
(3) The floodplain development permit cannot be less restrictive than the permit for construction in a floodway issued by the State Department of Natural Resources. However, a community’s more-restrictive regulations, if any, shall take precedence.
(D) No development shall be allowed which, whether acting alone or in combination with existing or future development, will adversely affect the efficiency of or unduly restrict the capacity of a floodway. This adverse effect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths of one foot as determined by comparing the regulatory flood elevation under the project conditions to that under the natural or pre- floodway conditions as proven with hydraulic analyses.
(E) 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 C.F.R. § 65.12.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.47 IDENTIFIED FRINGE AREAS.
(B) The key provision is that the top of the lowest floor of any new or substantially-improved structure shall be at or above the FPG.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.48 SFHAS WITHOUT ESTABLISHED BASE FLOOD ELEVATION OR FLOODWAYS/FRINGES.
(A) Drainage area upstream of the site is greater than one square mile.
(1) 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, then the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the State Department of Natural Resources for review and comment.
(2) No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway, including letters of authorization, or a floodplain analysis or regulatory assessment citing the 1% annual chance flood elevation and the recommended flood protection grade has been received from the State Department of Natural Resources.
(3) Once the Floodplain Administrator has received the proper permit for construction in a floodway, including letters of authorization, or the floodplain analysis or regulatory assessment approving the proposed development, a floodplain development permit may be issued, provided that the conditions of the floodplain development permit are not less restrictive than the conditions received from the State Department of Natural Resources and the provisions contained in §§ 153.35 through 153.49 of this chapter have been met.
(B) Drainage area upstream of the site is less than one square mile.
(1) If a 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, then the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and the 1% annual chance flood elevation for the site.
(C) Limitations on total cumulative effect. The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than fourteen-hundredths of one foot and will not increase flood damages or potential flood damages.
(Ord. 2014-05, passed 5-5-2014) Penalty, see § 10.99
§ 153.49 FLOOD-PRONE AREAS.
§ 153.60 VARIANCE AND APPEALS BOARD, DUTIES AND RESPONSIBILITIES.
(A) Designation of Variance and Appeals Board. The Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) Duties of Variance and Appeals Board. The Board shall hear and decide appeals when it is alleged that an error in any requirement, decision or determination is made by the Floodplain Administrator in the enforcement or administration of this chapter. Any person aggrieved by the decision of the Board may appeal such decision to the County Circuit Court.
(Ord. 2014-05, passed 5-5-2014)
§ 153.61 VARIANCE PROCEDURES.
In passing upon such applications, the Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and:
(A) The danger to life and property due to flooding or erosion damage;
(B) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(C) The importance of the services provided by the proposed facility to the community;
(D) The necessity to the facility of a waterfront location, where applicable;
(E) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(F) The compatibility of the proposed use with existing and anticipated development;
(G) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
(H) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(I) The expected height, velocity, duration, rate of rise and sediment of transport of the floodwaters at the site; and
(J) The cost of providing governmental services during and after flood conditions, including the maintenance and repair of public utilities and facilities such as streets, bridges and sewer, gas, electrical and water systems.
(Ord. 2014-05, passed 5-5-2014)
§ 153.62 CONDITIONS FOR VARIANCES.
(A) Variances shall only be issued when there is:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship; and
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, cause fraud or victimization of the public, create nuisances or conflict with existing laws or ordinances.
(D) Variances to the provisions for flood hazard reduction in §§ 153.36 through 153.43 of this chapter may be granted only when a new structure is to be located on a lot of one-half acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
(E) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(F) Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the State Register of Historic Sites and Structures.
(G) 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 flood insurance will be commensurate with the increased risks resulting from the reduced lowest floor elevation. See § 153.64 of this chapter.
(H) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the State Department of Natural Resources upon request. See § 153.64 of this chapter.
(Ord. 2014-05, passed 5-5-2014)
§ 153.63 HISTORIC STRUCTURE REPAIR OR REHABILITATION.
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 an “historic structure” and that the variance is the minimum to preserve the historic character and design of the structure.
(Ord. 2014-05, passed 5-5-2014)
§ 153.64 VARIANCE NOTIFICATION.
(A) Any applicant to whom a variance is granted which allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that:
(1) The issuance of a variance to construct a structure below the flood protection grade will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(2) Such construction below the flood protection grade increases risks to life and property.
(B) The Floodplain Administrator will maintain a record of all variance actions, including the justification for their issuance.
(Ord. 2014-05, passed 5-5-2014)