1. The construction of buildings, parking, or other uses in areas that are not suited for such development can create hazards to life and property Those threats may be on-site or off-site, and may include impacts such as air, groundwater, and/or surface water pollution. In addition to avoiding potential hazards, resource protection also helps to preserve and protect community character, enhance property values, and generally improve quality of life.
2. The cluster and planned development options set out in Article 3, District Intensity and Bulk Standards, ensure that resource protection can be accomplished while minimizing adverse impacts on the development potential of a parcel. By using cluster or planned development options, the developer can create a land development plan that protects resources by building on the unprotected areas, while maintaining a reasonable gross density.

1. Natural resources shall be protected by leaving a portion of the area occupied by the resource undisturbed and:
   1. Designated as open space in residential developments; or
   2. Designated as undisturbed landscape surfaces in nonresidential developments.
2. Some uses are permitted on areas designated as open space. They are set out in Division 4.400, Uses in Open Space.

1. The parcel proposed for development is for residential use; or
2. The parcel proposed for development is a lot of record that is proposed for a nonresidential use that is less than 20,000 square feet in floor area.

1. The site capacity recalculation is final if:
   1. For residential site capacity calculations, the site capacity recalculation shall result in one or more residential lots.
   2. For nonresidential site capacity calculations, the site capacity recalculation shall result in the smaller of:
      1. At least ten percent of the floor area shown in step seven of the non-residential site capacity calculation; or
      2. 5,000 square feet.
2. If the site capacity recalculation does not result in one of the results set out in subsection B.1., above, then the applicant may seek a variance from development standards.

1. Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.
2. Initial identification of the water courses/water bodies shall be made using the U.S. Geological Survey quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for primary plats and site plans.
3. Woodlands shall be measured at the canopy line.
4. Wetlands shall be delineated by the criteria promulgated by the U.S. Army Corps of Engineers.

1. Measurements for boundaries are to be made horizontally, perpendicular from, or radial from any feature or point.
2. Boundaries that are dependent on elevation shall be based upon on-site elevations and shall not be interpolated.

1. A preliminary site capacity calculation shall be presented at the time of a proposed rezoning for both the present zoning and the proposed rezoning.
2. Every other application for development approval except for the development of a residential lot in an existing platted subdivision or the development of any lot that is part of a parcel that has already been subject to a site capacity analysis, shall include a site capacity analysis based on the site's physical conditions and natural resources.

1. A site capacity analysis has been submitted for a prior approval, the conditions upon which the analysis was based have not changed, and the application is consistent with the previous approved application (e.g., an individual lots in an approved subdivision is not required to submit an individual site capacity calculation when the protection has already been achieved in the subdivision approval process); or
2. The parcel proposed for development is an existing lot of record that is:
   1. Not proposed for subdivision;
   2. Zoned for residential use; and
   3. Proposed for development of a single-family home; or
3. The parcel proposed for development is an existing lot of record that:
   1. Does not contain any wetlands or floodplains;
   2. Is zoned for nonresidential use; and
   3. Is less than one acre in area; or
4. The applicant demonstrates that the parcel proposed for development does not contain any of the natural resources set out in Table 4.201, Resource Protection Standards.

1. District Yield is equal to the Base Site Area (see Section 3.202, Base Site Area) times the permitted Gross Density (see Table 3.301.A., Residential Standards).
2. Site Specific Yield is equal to Buildable Land times the permitted Net Density (see Table 3.301.A., Residential Standards).
   1. Buildable Land is equal to the Base Site Area (see Section 3.202, Base Site Area) minus the greater of:
      1. Base Site Area times the applicable Open Space Ratio (see Table 3.301.A., Residential Standards); or
      2. The grand total of the areas of each protected resource within the Base Site Area times the resource protection standard that applies to each protected resource (see Division 4.200, Resource Protection Standards).

Calculation. Site Capacity is equal to the lesser of the District Yield or Site Specific Yield, as follows:

1. District Yield is equal to the Base Site Area (see Section 3.202, Base Site Area), measured in square feet, times the permitted Gross Floor Area Ratio (see Table 3.301.B., Nonresidential Standards).
2. Site Specific Yield is equal to Buildable Land times the permitted Net Density (see Table 3.301.A., Residential Standards).
   1. Buildable Land is equal to the Base Site Area (see Section 3.202, Base Site Area) minus the greater of:
      1. Base Site Area times the applicable Open Space Ratio (see Table 3.301.A., Residential Standards); or
      2. The grand total of the areas of each protected resource within the Base Site Area times the resource protection standard that applies to each protected resource (see Division 4.200, Resource Protection Standards).

1. Agricultural uses shall be set back 50 feet from any stream bank.
2. The setback area shall remain natural vegetation. 
3. If livestock is involved, a fence shall be constructed to prevent livestock access to the protected areas.

1. The setback area must be maintained as a natural area.
2. Fill is prohibited in the setback area, except to the extent required to control and treat stormwater runoff.

1. The setback area must be maintained as a natural area.
2. Fill is prohibited in the setback area, except to the extent required to control and treat stormwater runoff.

1. There will be no change in the flood elevation due to the construction. The applicant shall demonstrate that the cross sectional area of the floodplain in such areas is at least 110 percent of the existing cross sectional area.
2. Tees and greens are elevated above base flood elevation. No filling is used to raise tees or greens, except in areas where the floodplain is less than one foot in depth.
3. Pedestrian or golf cart trails and bridges are designed to cross riparian buffers, floodways, or floodplains in ways that minimize the volume and velocity of stormwater runoff into waterbodies and floodways.
4. Where the course parallels a water body, there is no clearing of natural vegetation in the riparian buffer, except as necessary for flood water access.
5. The course is designed to provide a 40 percent increase in stormwater storage (compared to the pre-development condition) during a regulatory flood.

1. The wetlands, woodlands, and water bodies will be preserved (the course is designed so that these protected areas are natural hazards).
2. There is no filling of wetlands or water bodies.
3. A buffer of natural vegetation at least 15 feet in width will be maintained around the border of all wetlands.

1. They are used in their natural condition as rough; or
2. They are graded only for golf cart trails or paths, and:
   1. The alignment of such trails or paths is designed to avoid the concentration of stormwater that can result in erosion; and
   2. Erosion control measures required by the City Engineer to ensure that erosion of steep slopes is controlled for the long-term are included in the design.

1. All required state and federal permits are issued;
2. No viewing platform is more than 150 square feet;
3. Boardwalks and viewing platforms are constructed of stable, durable materials that do not leach toxic chemicals into the waters below;
4. Boards are placed so that light penetrates to the waters below;
5. No boardwalk or viewing platform structure interferes with the flow of floodwaters;
6. Boardwalks and viewing platforms are elevated to at least three feet above base flood elevation; and
7. Trash receptacles are provided every 100 feet along the boardwalk, and an agreement acceptable to the City Attorney is executed with regard to trash removal.

1. They are routed to avoid areas that are prone to slippage due to soil or subsurface conditions; and
2. Trails are designed in a manner to minimize erosion and avoid concentrating runoff.

1. They are designed and located to avoid the cutting of any trees over six inches diameter at breast height; and
2. The educational purpose served by a close-up view of the riparian buffer, floodplain, or woodland cannot be comparably served by trail access.

1. Parking areas are not located on steep slopes; and
2. The educational purpose served by the location of the building on the steep slope cannot be comparably served by trail access.

1. Impervious surfaces and parking areas are not allowed in the sanitary setback area.
2. Drainage shall be directed away from the wellhead.

1. Picnic areas shall be set back 50 feet from any stream channel or water body.
2. All toilet facilities shall be:
   1. Located outside the floodplain; and
   2. Elevated at least two feet above base flood elevation.

1. They do not involve clearing of trees in areas protected by the site capacity calculation;
2. The proposed plan for location, installation, and ground covers in the picnic areas provides reasonable assurances that the trees will be protected; and
3. Trash receptacles are provided for every cluster of tables, and an agreement acceptable to the City Attorney is executed with regard to trash removal.

1. The ground is covered with natural groundcovers;
2. No sewer, combined sewer, or toilet facilities of any type are located in the sanitary setback area.
3. No water lines, except those associated with the well, are permitted in the sanitary setback area.

1. The location of access to the water has been chosen to:
   1. Minimize adverse impacts to the water body from erosion, pollutants, or turbidity; and
   2. Minimize adverse impacts to riparian zone flora and habitat.
2. The dimensions of the access are the minimum necessary to provide reasonable access for the purpose of the water dependent use.

1. Such walkways are permitted only where the trail must cross the wetland for educational purpose or because it must cross the wetland to connect a trail system that cannot otherwise be connected. Where the trail can make a reasonable connection without crossing the wetland it shall be required to do so.
2. There shall be a minimum of 18 inches of clearance of the structure above the normal high water elevation.
3. The elevated walkways shall be installed using hand carried equipment to minimize damage to the wetland.
4. Any trail crossing the floodway shall be on a bridge structure that is at least two feet above the water and that will safely withstand flood events.

Steep Slopes. Nature trails, signage, and viewing platforms are permitted in these areas. They shall avoid areas prone to slippage due to soil or subsurface conditions. They shall be designed in a manner to avoid concentrating runoff.

1. The elevation of the floodplain shall not exceed six inches below the base flood elevation.
2. No fill shall be used to raise the elevation of the courts or materially alter the topography around the courts.
3. Additional stormwater storage shall be provided to lower the depth of the regulatory flood.
4. Play courts shall be designed and situated so as to minimize the risk that debris that could cause floodwater backups will be trapped.
5. Parking areas within the floodplain shall be made of gravel, pervious paving blocks or grids, or reinforced turf.
6. Paved areas shall not exceed five percent of the floodplain area.
7. A clear flow channel shall be provided in swales, minimizing the impact of the play courts on storm flows.

1. Generally; where it is not possible to make reasonable use of a parcel proposed for development without crossing a resource, the resource may be crossed if it is demonstrated that:
   1. No feasible alternative to crossing the resource exists; 
   2. The route selected is the least disruptive, based on a review of at least three crossings.
   3. Mitigation is undertaken to minimize the impact of the crossing on the resource, pursuant to subsection C, below.
2. Private streets or drives shall be permitted only where:
   1. They are necessary to provide access to buildable land; and
   2. The parcel proposed for development would be unbuildable without the access.

1. Anything crossing the floodway shall be elevated in accordance with Division 4.500, Floodplain and Wetland Standards.
2. Floodplains shall be mitigated as follows:
   1. All streets shall be a minimum of one foot above the 100 year flood elevation.
   2. All manholes or access to underground utilities shall be protected so the access is water proofed to two feet above the 100 year flood elevation.
   3. If the floodplain is forested, the forest regulations shall also apply.
3. Cleared forest land shall be mitigated as follows:
   1. Mitigation shall occur on site, or within the same drainage basin and within 1,500 feet of the site. 
   2. The number of acres of required mitigation shall be:
      1. 1.5 acres per acre of young forest cleared; and
      2. three acres per acre of mature forest cleared.
   3. Plants of the specified types and sizes shall be installed in the following quantities per acre of required mitigation:
      1. 25 three-inch caliper large trees;
      2. 10 one and one-half-inch caliper small trees; and
      3. 80 three-foot tall shrubs.
   4. Areas where mitigation plantings are installed shall be placed under a conservation easement
4. Steep slopes shall be mitigated as follows:
   1. Erosion controls shall be put in place to prevent erosion, and nets or other Best Management Practices shall be applied to ensure that the ground cover is established quickly over the entire disturbed area.
   2. Each acre of the area that is disturbed shall be planted with:
      1. 20 three-inch caliper large trees;
      2. 15 one and one-half-inch caliper small trees; and
      3. 80 three-foot tall shrubs.
5. Only water lines and utilities associated with a wellhead may be located within 50 feet of a wellhead. No other utilities or impervious surfaces are permitted within 50 feet of wellheads.

1. Where public streets must cross open space, the pavement and improved shoulders are not counted as open space.
2. Any right-of-way that is restored to natural conditions may be counted as preserved open space unless prohibited below.
3. Any areas that are mitigated by revegetating to match surrounding areas may be counted as open space.
4. Cleared forested areas shall not be counted as preserved open space.

Statutory Authorization. The Indiana Legislature has in I.C. 36-7-4 and I.C. 14-28-4 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 as part of this Unified Development Ordinance.

Findings of Fact.

1. 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 affect the public health, safety, and general welfare.

2. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately flood-proofed, or otherwise unprotected from flood damages.

Statement of 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:

1. 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;

2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

4. Control filling, grading, dredging, and other development which may increase erosion or flood damage;

5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and

6. Make federal flood insurance available for structures and their contents in the city by fulfilling the requirements of the National Flood Insurance Program.

Objectives. The objectives of this section are:

1. To protect human life and health;

2. To minimize expenditure of public money for costly flood control projects;

3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. To minimize prolonged business interruptions;

5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains;

6. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and

7. To ensure that potential homebuyers are notified that property is in a flood area.

1. The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the City shall be as delineated on the 1% annual chance flood profiles in the Flood Insurance Study of Porter County, Indiana and Incorporated Areas dated September 30, 2015 and the corresponding Flood Insurance Rate Map dated September 30, 2015 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date.

2. 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 Porter County, Indiana and Incorporated Areas Flood Insurance Rate Map dated September 30, 2015 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best data available as 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 data, 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.

3. In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the City's known flood prone areas shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.
4. Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.

1. In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern.
2. If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly.
3. If the elevation (natural grade) of the site in question is above the base flood elevation, and not located within the floodway, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner should be advised to apply for a LOMA.

1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.

1. A separate offense shall be deemed to occur for each day the violation continues to exist.
2. The Planning Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
3. Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

1. New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
2. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, 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;
3. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG;
4. New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;
5. Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/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;
6. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
8. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
9. Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this section shall meet the requirements of "new construction" as contained in this section; 
10. Parking lots, driveways, and sidewalks within the SFHA shall be constructed with permeable materials.
11. Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at least equal to the volume of storage lost (replacement ratio of 1 to 1) due to the fill or structure.
    1. The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located.
    2. Under certain circumstances, the excavation may be allowed to take place outside of, but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory flood water, will not be subject to ponding when not inundated by flood water, and that it shall not be refilled.
    3. The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by flood water.
    4. The fill or structure shall not obstruct a drainage way leading to the floodplain.
    5. The grading around the excavation shall be such that the excavated area is accessible to the regulatory flood water.
    6. The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement.
    7. Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this section.

1. In addition to the requirements of Sec. 4.503(A),General Standards, all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
   1. Construction or placement of any structure having a floor area greater than 400 square feet.
   2. 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 costs 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 section does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage;
   6. Reconstruction or repairs made to a repetitive loss structure.
   7. Addition or improvement made to any existing structure with a previous addition or improvement constructed since the community's first floodplain ordinance.
2. Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of 4.503 B (4).
3. Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of 4.503 B (4) 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 structure 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 floodplain administrator as set forth in Sec. 4.504(B)(12), Administration; and
   2. Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
4. Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to 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 (having 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 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 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 (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator);
   5. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms;
   6. The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade;
   7. Openings are to be not less than 3 inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
   8. Property owners shall be required to execute a flood opening/venting affidavit acknowledging that all openings will be maintained as flood vents, and that the elimination or alteration of the openings in any way will violate the requirements of 4.504 (B)(4). Periodic inspections will be conducted by the Floodplain Administrator to ensure compliance. The affidavit shall be recorded in the office of the Porter County Recorder.
   9. Property owners shall be required to execute and record with the structure's deed a non-conversion agreement declaring that the area below the lowest floor (where the interior height of the enclosure exceeds 6 feet) shall not be improved, finished or otherwise converted; the community will have the right to inspect the enclosed area. The non-conversion agreement shall be recorded in the office of the Porter County Recorder.
5. Structures constructed on Fill. A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following:
   1. The fill shall be placed in layers no 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; 
   2. The fill shall extend ten feet beyond the foundation of the structure before sloping below the BFE. 
   3. The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical;
   4. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties; 
   5. The top of the lowest floor including basements shall be at or above the FPG.
   6. Fill shall be composed of clean granular or earthen material.
6. Standards for Manufactured Homes and Recreational Vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements:
   1. These requirements apply to all manufactured homes to be placed on a site outside 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 securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
      2. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
      3. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
   2. These requirements apply to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood:
      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 that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
      2. Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and 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 4.503B (4).
      3. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
   3. Recreational vehicles placed on a site shall either:
      1. be on site for less than 180 days;
      2. be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
      3. meet the requirements for “manufactured homes” as stated earlier in this section. 
7. Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures.  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 to offer the 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.
   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 4.503 (B) (4).  
8. Above Ground Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement. 
9. Standards for Subdivision Proposals.
   1. All subdivision proposals shall be consistent with the need to minimize flood damage;
   2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
   3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards;
   4. Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of fifty (50) lots or five (5) acres.
   5. All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA.
   6. All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).

1. 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, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana 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/regulatory assessment citing the one-percent annual chance flood elevation and the recommended Flood Protection Grade has been received from the Indiana Department of Natural Resources.
   3. Once the Floodplain Administrator has received the proper construction in a floodway (including letters of authorization) or  floodplain analysis/regulatory assessment approving the proposed development, a Floodplain Development Permit may be issued provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in Sec.  4.503 , Provisions for Flood Hazard Reduction, of this Unified Development Ordinance have been met. 
2. Drainage area upstream of the site is less 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 less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and one-percent annual chance flood elevation for the site. 
   2. Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Sec.  4.503, Provisions for Flood Hazard Reduction, of this Unified Development Ordinance have been met.
   3. The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the regulatory flood more than 0.14 of one foot and shall not increase flood damages or potential flood damages.

1. All new construction or reconstruction in a wellhead overlay protection district will require site review by the Wellhead Protection Administrator, the Building Commissioner, and the City Engineer. All site reviews will require a site plan that designates the area that is in the wellhead protection area and wellhead sanitary setback area of any wellhead.
2. All subdivision plats, development plans, and Planned Unit Development plats that overlap with a wellhead protection area shall designate the wellhead protection area overlay district and wellhead sanitary setback area on the Secondary Plat that is recorded.

Other Objectionable Odors. Objectionable odors that are noticeable at any point beyond the property line are prohibited. The test for objectionable odors shall be conducted as follows:

1. A panel of five people, selected by the Planning Director, shall be convened. The panel shall consist of one member of the Planning Department staff, two people from the business community, and two residents of nearby residential areas. One member of the business community and one nearby resident shall be from the zoning district in which the use is located, but shall not include the owner of the site nor a complainant.
2. The panel shall visit the site and determine if the use is emitting an odor that is considered offensive to adjoining uses. The odor is considered offensive if:
   1. A majority of the panel so determines; or
   2. Any panel member experiences eye irritation or other allergic reaction.

1. Threat Level. A Threat Level Study shall evaluate how close the proposed emission is to the maximum permitted emission levels.
2. Dispersion. A Dispersion Study shall demonstrate the level of dispersion and mixing that occurs (in normal and worst-case weather conditions) prior to the point at which the emission:
   1. Leaves the property;
   2. Crosses into a residential district or a property used by the public such as a school, museum, or other places of public assembly.
3. Risk Management Plan. If a Risk Management Plan (sometimes known as an "FRMP") is required by Federal law, the plan shall be provided to the City.

1. The use poses no material health risk to occupants of neighboring properties and residents of the City; and
2. Adequate safeguards are provided with regard to securing the toxic substances against theft, accidental leaks, or accidental emissions.

1. Radioactive materials shall be stored in sealed containers or rooms that do not allow radiation to escape.
2. All such areas where radioactive materials are used shall be clearly labeled.
3. The fire department, emergency services, and police shall be given detailed plans of the areas involved in handling any radioactive materials.
4. The use shall have proper permits for the use, storage, and disposal of radioactive materials.

1. Construction activities shall be conducted using BMPs that avoid the deposit of dust and debris on adjoining property and public streets. Clean up of deposited material shall be the responsibility of the generator. If the City must do the clean up because of failure of the generator to take corrective action, the City may shut down the construction until the dust and debris is cleared and cleanup expenses paid.
2. All construction debris, including but not limited to cement waste, shall be removed from the property and recycled or disposed of at a licensed facility upon completion of construction.

Combustion. No person, firm or corporation shall operate or cause to be operated, maintained or cause to be maintained, any process for any purpose, a furnace or combustion device for burning of coal or other natural or synthetic fuels, without using recognized and approved equipment or methods to reduce the quantity of gasborne or airborne solids of fumes emitted into the open air so that the quantity of gasborne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at the temperature of 500 degrees Fahrenheit.