(1) Providing a consistent urban design treatment for private and public uses and properties located in town center district;

(2) Providing additional opportunities for investment and reinvestment of real estate by allowing higher intensity of development;

(3) Minimizing suburban sprawl, through re-use and redevelopment of the community's existing land resources;

(4) Minimize community infrastructure costs through more efficient use of land; and

(5) Providing controls for architecture and landscape design to establish continuity of design between projects and to improve the physical relationship between new buildings and overall community appearance.

(1) The establishment of any use of land;

(2) The issuance of any building permit, except maintenance and/or repairs consistent with previously approved development plan. In cases where properties were developed prior to development plan requirement, maintenance and/or repairs shall be consistent with the previously approved building permit; and

(3) Any change in site improvements, which are not consistent with, previously approved development plan. In cases where properties were developed prior to development plan requirement, changes in site improvements shall be consistent with the previously approved development plan.

(1) Automobile, truck, boat, mobile home, manufactured housing, or RV sales;

(2) Sexually oriented businesses; and

(3) All industrial uses.

(1) Minimum: Zero (0) feet, subject to recorded utility easement(s)

(2) Maximum: Ten (10) feet, subject to recorded utility easement(s).

(3) Up to fifty (50) percent of the front facade may be recessed for entrances and outdoor seating, however, no entrance shall be recessed more than ten (10) feet, and no outdoor seating area shall be recessed more than twenty (20) feet, subject to Plan Commission approval during development plan review.

(1) Primary buildings must have at least two (2) floors of usable space. The second and higher floors must be at least fifty (50) percent of the size of the building ground footprint and must be oriented to the front of the building such that its front line is equal to that of the first floor.

(2) Minimum height: The minimum height shall be twenty-six (26) feet.

(3) Maximum height: The maximum height shall not exceed fifty (50) feet, or three (3) stories, whichever is less.

(1) Be architecturally compatible with the primary building and integrated into the overall site layout; and

(2) Be approved by the Plan Commission during the development plan review.

(1) Accommodate waste and recyclable materials, and, if applicable, grease or other cooking refuse;

(2) Be fully enclosed except for doors or gates, which shall remain closed unless loading or unloading is occurring;

(3) Be architecturally compatible with the primary building and integrated into the overall site layout; and

(4) Be approved by the Plan Commission during the development plan review.

(1) Ground and upper floors with transparent glass and ground floor elevations must incorporate the transparent glass as a significant overall component.

(2) A distinct cornice line at the top of the wall and intermediate horizontal elements, such as a trim at the top of the ground floor are optional and encouraged.

(3) The facade shall be provided relief by windows and surrounds, storefronts, doors, and features such as special brick coursing, pilasters, and lintels.

(4) The first floor and all other floors will have a coordinated composition, which will usually be indicated by the alignment of upper floor windows and other features with openings and features of the first floor.

(5) When applicable, retail storefronts shall be oriented along the public street front of the first floor of the building, except for pedestrian entrances to parking areas or small entrance lobbies for upper floors.

(6) Every face of the building with frontage on a public street must have openings for windows.

(7) Large expanses of glass are allowed, but buildings are prohibited form being constructed entirely with metal and glass curtain walls.

(8) Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features such as cornices, columns, pilasters, or decorative details; do not impair facade composition; and are designed as an integral part of the facade. Metal and aluminum awnings are prohibited.

(9) Pedestrian scale detailing is encouraged on the front elevation of the building at the ground level. As buildings are designed to be viewed very close up, all buildings should exhibit articulated detail and ornament that is scaled to the pedestrian view.

(10) Rooftop mechanical and telecommunication equipment shall be fully screened on all sides using parapets, penthouse screens or other similar method and which are integrated into the overall building design and approved by the Plan Commission during the development plan review.

(1) Telecommunications facility. A telecommunication facility shall comply with the requirements of section 24-475.

(2) Transportation facility. A transportation facility within this district is permitted by special exception only.

(1) Promotion of coordinated development in the U.S. 41 district;

(2) Establishment of high standards for buildings, landscaping, and other improvements constructed on the properties within the U.S. 41 district which permit innovative site designs and at the same time encourage efficient land usage; and

(3) Establishment of development requirements that will encourage substantial capital investments for the development of those properties and promote the quality, scale, and character of development.

(1) At the time of recordation of the undersized lot, the undersized lot met the requirements for minimum lot size then in effect for a lot in the underlying primary zoning district(s);

(2) The owner of the undersized lot must include any adjoining vacant land (not separated by a street or public way) owned or owned by an affiliate on or before the effective date or at the time of application which, if combined with the undersized lot would create a parcel which conforms, or more closely conforms, to the requirements of this paragraph; and

(3) All other requirements applicable to the U.S. 41 district can be met.

(1) Frontage road set backs and out-lot buildings illustrations. Development of outlots on U.S. 41 shall comply with the diagram below.

The frontage road diagrams illustrates the position of outlot buildings and the frontage road location in relation to the U.S. 41 right-of-way. The plan illustrates guidelines for location of landscape zones, sidewalks, and parking lots.

(2) Minimum side and rear yards. Minimum side and rear yards adjacent to any residential use or zone shall be forty-five (45) feet and adjacent to all other zoning districts shall be fifteen (15) feet.

(3) Building heights. Building heights are specified in the underlying primary zoning district(s except that the maximum building height along U.S. Highway 41, Route 231, 93rd Avenue, and 101st Avenue shall be the lesser of fifty (50) feet and/or three (3) occupiable floors.

(4) Minimum parcel width. For all uses, the parcel width shall equal or exceed that amount which is one-half (½) the depth of the parcel in the U.S. 41 district except when the following apply:

(5) Minimum gross floor area. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). Accessory buildings permitted need not meet this minimum floor area requirement. The intent of this minimum gross floor area requirement is to preclude small, freestanding buildings and uses inconsistent with the character of this corridor.

(6) Maximum parcel coverage and density.

(1) Direct, articulated pedestrian access shall be provided from the street to the building's primary entrance;

(2) A bicycle parking area should be provided for each building; and

(3) Above grade, structured parking facilities shall have on all sides architectural features that are compatible with the principal building(s) with which they are associated.

(1) Be drawn to scale, including dimensions and distances;

(2) Delineate all existing and proposed buildings, private parking areas, walks, ramps for handicapped, terraces, drive-ways, signs, lighting standards, steps and other similar structures; and

(3) Delineate the location, size and description of all plant material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral/coordinated part of the landscape plan for the entire lot.

(1) Parking lot and service/storage area lighting;

(2) Architectural display lighting;

(3) Security lighting;

(4) Lighting of pedestrian and bicycle ways; and

(5) Architectural and landscape lighting.

(1) Context. All buildings shall be designed with respect to the general character of the U.S. 41 district, and particularly with due consideration to buildings located on lots that abut the project site.

(2) A minimum of three materials shall be used for building exteriors from the following list: stone, brick, architectural pre-cast panels or detailing, architectural metal panels, glass, and ornamental metal. Large expanses of glass are allowed, up to seventy (70) percent of the facade area. Buildings may not be constructed entirely of a metal and glass curtain walls. Concrete block is prohibited as an exterior finish material.

(3) All buildings shall be designed with a minimum of eight (8) external corners to eliminate square box buildings.

(4) Building penthouses must be incorporated into the building facade design, including exterior materials specifications.

(5) Sloped roofs shall not exceed one hundred (100) feet without a change in roof plane, gable, or dormer. Sloped roofs shall be either standing seam metal or architectural dimensional shingles.

(6) Exhibits. The following exhibits shall be provided to the Plan Commission in addition to normal submission requirement of the development plan application:

(1) Designed to include a roof structure; and

(2) Architecturally compatible with the principal building.

(1) The promotion of coordinated development in the Route 231 district;

(2) The establishment of high standards for buildings, landscaping, and other improvements constructed on the properties within the Route 231 district which permit innovative site designs and at the same time encourage efficient land usage; and

(3) The establishment of development requirements that will encourage substantial capital investments for the development of those properties and promote the quality, scale and character of development.

(1) The commission must approve, approve with conditions or disapprove the development plan for any tract of land located in the Route 231 district.

(2) development plan approval is not required for additions to existing structures which:

(3) The Plan Commission shall review a development plan application to determine if the development plan complies with the specified development requirements provided in article XVI in addition to the following items:

(1) The parcel is considered a legal nonconforming use; and

(2) All other requirements applicable to the Route 231 district can be met.

(1) The parcel is considered a legal nonconforming use; and

(2) All other development requirements applicable to the Route 231 district can be met.

(1) Maximum parcel coverage shall be sixty-five (65) percent of any parcel as approved in a development plan.

(2) Maximum floor area ratio shall be 1.0.

(1) Direct, articulated pedestrian access shall be provided from the street to the building's primary entrance;

(2) A bicycle parking area should be provided for each building; and

(3) Above grade, structured parking facilities shall have on all sides architectural features that are compatible with the principal building(s) with which they are associated.

(1) Be drawn to scale, including dimensions and distances;

(2) Delineate all existing and proposed buildings, private parking areas, walks, ramps for handicapped, terraces, drive-ways, signs, lighting standards, steps and other similar structures; and

(3) Delineate the location, size and description of all plant material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral/coordinated part of the landscape plan for the entire lot.

(1) Parking lot and service/storage area lighting;

(2) Architectural display lighting;

(3) Security lighting;

(4) Lighting of pedestrian and bicycle ways; and

(5) Architectural and landscape lighting.

(1) Context: All buildings shall be designed with respect to the general character of the U.S. 41 district, and particularly with due consideration to buildings located on lots that abut the project site.

(2) The exterior building facade materials shall be composed from the following materials; stone, brick, architectural pre-cast (panels or detailing), architectural metal panels, glass, and ornamental metal. Large expanses of glass are allowed, up to seventy (70) percent of the facade area. Buildings may not be constructed entirely of a metal and glass curtain walls. Concrete block is prohibited as an exterior finish material.

(3) All buildings shall be designed with a minimum of eight (8) external corners in order to eliminate square box buildings.

(4) Building penthouses must be incorporated into the building facade design, including exterior materials specifications.

(5) Sloped roofs shall not exceed one hundred (100) feet without a change in roof plane, gable, or dormer. Sloped roofs shall be either standing seam metal or architectural dimensional shingles.

(6) Exhibits. The following architectural exhibits shall be provided to the Plan Commission in addition to normal submission requirement of the development plan application:

(1) Designed to include a roof structure; and

(2) Architecturally compatible with the principal building.

(1) Residential educational and institutional buildings, only if they have a minimum floor elevation of not less than two (2) feet above the one-hundred-year flood level, as established by the state department of natural resources;

(2) Outdoor recreational uses;

(3) Public rights-of-way, private drives, and parking lots;

(4) Commercial buildings in the commercial districts where the minimum floor elevation is not less than two (2) feet above the one-hundred-year flood level; and

(5) Any structure, filling, excavating, or any change in the natural grade of any property requires a permit, and shall not be detrimental to other properties or the characteristics of the floodplain area.

Accessory structure means a structure with a floor area of four hundred (400) square feet or less that is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure; an accessory structure specifically excludes structures used for human habitation.

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.

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.

Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this section, a request for a variance, or a challenge of a board decision.

Area of shallow flooding means a designated AO, or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) 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.

Area of special flood hazard is the land within a community subject to a one (1) percent or greater chance of being flooded in any given year.

Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one (1) percent annual chance flood or one hundred (100) year flood.

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.

Basement means that portion of a structure having its floor sub-grade (below ground level) on all sides.

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.

Building. See "Structure."

Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the areas within its jurisdiction.

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, police, fire, and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.

Development means, for floodplain management purposes, any manmade change to improved or unimproved real estate including but not limited to:

"Development" does not include activities such as the maintenance of existing structures 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 permanent structures.

Elevation certificate means a FEMA form that is routinely reviewed and approved by the White House Office of Management and Budget under the Paperwork Reduction Act, that is encouraged to be used to collect certified elevation information.

Enclosed area (enclosure) is an area of a structure enclosed by walls on all sides.

Enclosure below the lowest floor. See "Lowest floor" and "Enclosed area."

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 the community's first floodplain ordinance.

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).

FEMA means the Federal Emergency Management Agency.

Fill for floodplain management purposes, means any material deposited or placed which has the effect of raising the level of the ground surface above the natural grade elevation. Fill material includes but is not limited to consolidated material such as concrete and brick and unconsolidated material such as soil, sand, gravel, and stone.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

Flood or flooding also includes the collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical levels that result in a flood as defined above.

Flood hazard area means areas subject to the one (1) percent annual chance flood. (See "Special flood hazard area.")

Flood Insurance Rate Map (FIRM) means 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. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Flood Insurance Study (FIS) means the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM and the water surface elevation of the base flood.

Flood prone area means any land area acknowledged by a community as being susceptible to inundation by water from any source. (See "Floodplain.")

Flood protection grade (FPG) is the BFE plus two (2) feet at any given location in the SFHA. (See "Freeboard.")

Floodplain or flood prone area means any land area susceptible to being inundated by water from any source. (See "Flood.")

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power which control development in flood prone areas. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing (dry floodproofing) is a method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.

Floodproofing certificate is a form used to certify compliance for nonresidential structures as an alternative to elevating structures to or above the FPG.

Floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulative increasing the water surface elevation more than a designated height.

Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.

Fringe or flood fringe is the portion of the floodplain lying outside the floodway.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Hardship (as related to variances of this section) means the exceptional hardship that would result from a failure to grant the requested variance. The Town of St. John requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.

Historic structure means any structure that is:

Hydrologic and hydraulic engineering analysis means analyses performed by a professional engineer licensed by the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana Department of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

International Code Council-Evaluation Service (ICC-ES) Report means a document that presents the findings, conclusions, and recommendations from a particular evaluation. ICC-ES reports provide information about what code requirements or acceptance criteria were used to evaluate a product, and how the product should be identified, installed.

Letter of final determination (LFD) means a letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six (6) month adoption period. The community must adopt or amend its floodplain management regulations during this six (6) month period unless the community has previously incorporated an automatic adoption clause.

Letter of map change (LOMC) is a general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They are broken down into the following categories:

Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

Lowest floor means, for floodplain management purposes, the lowest elevation described among the following:

Manufactured home means a structure, transportable in one (1) 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."

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mitigation means sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.

Natural grade for floodplain management purposes means the elevation of the undisturbed natural surface of the ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also considered natural grade.

New construction for floodplain management purposes means any structure for which the "start of construction" commenced on or after the effective date of a floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

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 the community's first floodplain ordinance.

North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain.

Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

One (1) percent annual chance flood is the flood that has a one (1) percent chance of being equaled or exceeded in any given year. See "Regulatory flood."

Physical map revision (PMR) is an official republication of a community's FEMA map to effect changes to base (one (1) percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.

Prefabricated building is a building that is manufactured and constructed using prefabrication. It consists of factory-made components or units that are transported and assembled on site to form the complete building.

Principally above ground means that at least fifty-one (51) percent of the actual cash value of the structure, less land value, is above ground.

Recreational vehicle means a vehicle which is:

Regulatory flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in subsection (b)(2) of this section. The "regulatory flood" is also known by the term "base flood," "one (1) percent annual chance flood," and "one hundred (100) year flood."

Repetitive loss means flood-related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded twenty-five (25) percent of the market value of the structure before the damage occurred.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Solid waste disposal facility means any facility involved in the storage or disposal of nonliquid, nonsoluble materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored in containers.

Special flood hazard area (SFHA), synonymous with "areas of special flood hazard" and floodplain, means those lands within the jurisdiction of the Town of St. John subject to a one (1) percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, flood boundary and floodway maps and flood hazard boundary maps as Zones A, AE, AH, AO, A1-30, A99, or VE. The SFHA includes areas that are flood prone and designated from other federal, state or local sources of data, including but not limited to best available flood layer maps provided by or approved by the Indiana Department of Natural Resources, historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank, which is principally above ground. The term includes a manufactured home, as well as a prefabricated building. It also includes recreational vehicles installed on a site for more than one hundred eighty (180) consecutive days.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "repetitive loss" or "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 which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

Variance is a grant of relief from the requirements of this section consistent with the variance conditions herein.

Violation means the failure of a structure or other development to be fully compliant with this section.

Walled and roofed means a building that has two (2) or more exterior rigid walls and a fully secured roof and is affixed to a permanent site.

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.

(1) Lands to Which This Section Applies. This section shall apply to all areas of special flood hazard (SFHAs) within the jurisdiction of the Town of St. John, Indiana, as identified in subsection (b)(2) of this section, including any additional areas of special flood hazard annexed by the Town of St. John, Indiana.

(2) Basis for Establishing the Areas of Special Flood Hazard.

(3) Establishment of Floodplain Development Permit. A floodplain development permit shall be required in conformance with the provisions of this section prior to the commencement of any development activities in areas of special flood hazard.

(4) Compliance.

(5) Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(6) Discrepancy Between Mapped Floodplain and Actual Ground Elevations.

(7) Interpretation. In the interpretation and application of this section all provisions shall be:

(8) Warning and Disclaimer of Liability. The degree of flood protection required by this section 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 section does not create any liability on the part of the Town of St. John, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this section, or any administrative decision made lawfully thereunder.

(9) Penalties for Violation. Failure to obtain a floodplain development permit in the SFHA or failure to comply with the requirements of a floodplain development permit or conditions of a variance shall be deemed to be a violation of this section. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the zoning code for the Town of St. John. A separate offense shall be deemed to occur for each day the violation continues to exist.

(1) Designation of Administrator. The Town Council of the Town of St. John hereby appoints the Town Manager to administer and implement the provisions of this section and is herein referred to as the Floodplain Administrator.

(2) Floodplain Development Permit and Certification Requirements. An application for a floodplain development permit shall be made to the Floodplain Administrator for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Such applications shall include, but not be limited to, plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(3) Duties and Responsibilities of the Floodplain Administrator. The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this section. The administrator is further authorized to render interpretations of this section, which are consistent with its spirit and purpose. Duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:

(4) Administrative Procedures.

(5) Map Maintenance Activities. To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Town of St. John flood maps, studies and other data identified in subsection (b)(2) of this section accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

(6) Variance Procedures.

(1) Floodplain Status Standards.

(2) General Standards. In all areas of special flood hazard, the following provisions are required:

(3) Specific Standards. In all areas of special flood hazard where base flood elevation data or flood depths have been provided, as set forth in subsection (b)(2) of this section, the following provisions are required:

(4) Standards for Subdivision and Other New Developments.

(5) Standards for Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the 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.