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HomeMy WebLinkAbout1979-OR-19ORDINANCE NO, 79-OR-19 TITLE An Ordinance amending the City Zoning Ordinance as originally adopted April 4, 1960 and being Ordinance NO. 1527. The purpose of this Amendment is to implement Flood Plain Management. Be It Ordained by the Common Council of the City of Jefferson- ville, Clark County, Indiana~ Section 18A is added to Ordinance No. 1527 as follows~ SBCTION 1. For the purpose of this Ordinance certain terms and words shall be interpreted and defined as followss F~ood or Floodwater-means the water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse; Flood H az&rd Area-means any flood plain, floodway, floodway fringe district or any combination thereof; Flood Protection Grade-means the elevation of the lowest floor of a building or structure. If a basement is included~ the basement floor is considered the lowest floor. Exceptlonz If a commercial or industrial building is floodpro6fed as hereinafter defined~ the term "flood protection grade" applies to the water surface elevation for which thebuildinG is protected. Flood Proofed Building-means a commercial or industrial bu/lding designed to exclude floodwaters from the interior of that buildinG. All such floodproofinG shall be adequate to withstand the flood depths, pressures, velocities~ impact and u~llft forces and other factors associated with the regulatory flood. N~ur~l.R~Sources-means the Indiana Natural Resources Commission; Re .lato Flood-means that flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a one hundred year periodt as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. This flood is equivalent to a flood having a probability of occurrence of one percent in any given year. Regulatory Flood Profile-means a longitudinal profile along the thread of a stream showing ~he maximum water surface elevation attained by the regulatory flood. ~ub~tant!al Modification-means any alteration, repair, enlarge- ment or extension of an existing building. Such substantial modification is considered to occur when the first alteration of any wall, ceiling, floor or other structural element of the building commences. This term does not~ however~ include either (1) any project for improvement of a structure to comply with existing healthy sanitary or safety code specifi- cations or (2) any alteration of a structure listed on the National Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archeologioal and Cultural Sites, Structures, Districts and Objects, Mobil~ Home Tie Downs~ Schedule 6-means sufficient anchorage %0 resist flotation, collapse or lateral movement of any mobile home. At a minimum, such anchorage.shall consist of (1) over- the-top ties be provided at each-of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring only one additional tie per side; (2) frame ties be provided at each corner of the home with five additional ties per side at intermediate pointsand mobile homes less than 50 feet long requiring four additional ties per sideg (3) all components of anchorin9 system be capable of carrying a force of 4,800 pounds; and (4) any additions to the mobile home be similarly anchored. SECTION 2, The Planning and Zoning Commission shall define and cause to be mapped the portions of the City within each of the following districts; Flood Plain (FP) District-The purpose of the Flood Plain District is to guide development in areas where a potential for damage from floodwaters exist. The identification of this district was made by the Federal Insurance Administration in a report entitled Flood Insurance Study, City of Jeffer- sonville, Floodway (FW) District-The purpOse of the Floodway D--istrict is to guide oevelopment in areas identified as a floodway, The identification of this area may be made by U, So Geological SurVey or any other reliable source, Floodway Frinqe {FF) District--The purpose of the Floodway ~ringe (FF) District is to 9=ide development in areas subject to potential flood damage, but outside an identified Floodway (FW) District, The identification of these areas may be made by the U. S. Geological SurVey or other reliable sources. The Flood Insurance Study City of jeffersonville, text and accompanying maps, along with any subsequent revisions, defining the flood hazard areas are hereby adopted by reference and declared to be a part of said ordinance. sECTION 3, Certain uses permitted by right. (1) Floodway (FW) District and Flood ~la~in {~P) District The following uses shall be permitted by right, provided they do not involve the erection of any structure or obstruction, the opening of any excavation or ~he deposition of any material or substance, Agricultural uses such as the production, of crops, pastures, orchards, plant nurseries, vineyards, and general farming. b, Forestry, wildlife areas, and nature preserves. Parks and recreational uses, such as golf courses, driving ranges and play areas. (2) Floodway Frinqe (FF) District The following uses shall be permitted by right~ All facilities, structUreS~ uses and buildings consistent with other provisions of this Ordinance such as businesses~ community and government buildings, medical r stOrage facxllt=es, moo1 e ' amusement facilities~ residential buildings, and civic or fraternal facilities, may be constructed in this district provided that the flood protection grade for all buildings shall be at least two feet above the regulatory flood profile. Further, mobile homes must have pads (concrete or stands of compacted fill) at or above the elevation of the regulatOrY flood and must be provided with ground anchOrS meeting Mobile Home Tie Downs$ Schedule A. In addition adequate drainage and access for hauler shall be provided. Flood proofed buildings may also be constructed in this district provided that the plans and specifications for all necessary structural facilities and modifications are certified by a Professional Engineer or Registered Architect licensed to practice in Indiana. Also, onsite waste disposal systems must be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. (1) Flood Plain ~P) District The following special exception uses may be permitted in the Flood Plain (FP) District only after a proper permit or letter of recommendations for same has been granted by Natural Resources. All terms and conditions imposed by Natural Resources will be incorpOrated in any permit issued by the (Plan) Commission. The (Plan) Commission may impose greater restrictions. All buildings or additions to existing buildings shall have flood protection grades at least two feet above the regulatorY flood profile. a. Water management and use facilities~ such as dams, docks, dolphins, channel improvements, dikes~ jetties, groins, marinas, piers, wharVes, levees, seawalls, floodwalls, weirs, and irrigation facilities. b. Transportation facilities, such as streets, bridges, roadways, fords, airports, pipe lines, railroad, and utility transmission facilities. TempOrarY or seasonal flood plain occupancy, such as circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands, and transient amusement facility sites. do Water-related urban uses~ such as wastewater treat- ment facilities, storm sewers, electric generating and transmission facilities, and water treatment facilities- e. Other flood tolerant or open space urban uses, such as flood-proofed buildings, race tracks, tennis courts~ park buildings, outdoor theaters, fills, truck freight terminals, radio or TV towers, parking lots, and mineral extractions. f. Mobile Homes (tempOrary or permanent) having pads (concrete or stands of compacted fill) at or above the regulatory flood elevation and ground anchors meeting Mobile Home Tie Downs~ Schedule A. In addition adequate drainage and access for a hauler shall be provided. go Residential structures. The structure or structures, if permitted in a Floodplain (FP) District, shall be constructed on the building site so as to minimize obstruction to the flow of floodwaters. Floodproofing of non. residential structures, if proposed, must be in accordance with the definition of a flood proofed building as set forth in this Ordinance and must be so certified by a Professional Engineer or a Registered Architect licensed to practice in Indiana. Onsite waste dispOsal systems must be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatOrY flood. (Z) Floodway (FW) District The following special exception uses may be permitted in the Floodway (FW) District only after a permit for construction in a floo~wayhas been granted by Natural ResOurces- All terms and conditions impOsed by Natural Resources will be incorporated in any permit issued by the (Plan) Commission. The (Plan) Commission may impOse greater restrictions. All buildings or additions to .eXisting buildings shall have flood protection grades at least two feet above the regulatory flood profile. ac Water management and use facilities, such as dams, dockS, dolphins, channel improvements, dikes, jetties~ groins, marinas, piers, wharves, levees, seawalls, floodwalls, weirs, and irrigation facillties. TranspOrtation facilities, such as streetS, bridges, roadways, fords~ airports, pipe lines~ railroads, and utility transmission facilities. ¢. TempOrary or seasonal flood plain occupancy, such as circus sites~ fair sites~ carnival sites, boat ramps, camps, roadside stands, and transient amusement facility sites. d. Water-related urban areas, such as wastewater treatment facilities, storm sewers, electric generating and transmission facilities, and water treatment facilities- e. Other flood tolerant or open space urban uses, such as floodproofed buildings, race trackS, tennis courtS, park buildings, outdoor theaters~ fills, truck freight terminals, radio or TV towers, parking lots, and mineral extraction. Flood proofing of non. residential structures~ if proposed, must be in aCCOrdance with the definition of a flood proofed building as set forth in this Ordinance and must be so certified by a professional Engineer or a Registered Architect licensed to practice in Indiana, The structure or structures~ if permitted in the floodway, shall be constructed on the building site so as to minimize obstruction to the flow of floodwaters.. SECTION 4 ~on-Conformine Use% Any building, structure or other use in a Flood Plain (FP), Floodway (F~) or Floodway Fringe (FF) District which is not in conformance with this Ordinance constitutes a non-conforming use. a. In a Floodway (F%~) District, no non.¢onforming use may be expanded or enlarged nor can a building undergO substantial modification without a permit for construction in a floodway from Natural Resources, In a Floodway Fringe (FF) District a building which constitutes a non-conforming use may under9° substantial modification provided such modification is on a one-time-only basis and further provided that such modification does not increase the value of the building, by more than forty (40) percent of its pre-improvement market value, (excluding the value of the land) unless such building is permanently changed to a conforming use. A non-conforming use in a Flood Plain (FP) District may be altered, enlargedt or extended, on a one-time- only basis, provided the procedures set forth in this Ordinance with respect to new construction in a Flood Plain (FP) District are followed and further provided such alterations, enlargements, or extensions do not increase the value of the building structure, or other use (excluding the value of land) by more than forty (40) percent of its pre-improvement market value, unless such building, structure or use is permanently changed to a conforming use. Any non-conforming use in the FP, FW, and FF Districts which is damaged by flood, fire, explosion, Act of God, or the public enemy may be restored to its original dimensions and conditions, provided the damage does not reduce the value of the buildings, excluding the value of the land, by more than forty (40) percent of its predamage value. SECTION 5 Ac The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of the Floodway (FW), Floodway Fringe (FF) or Flood Plain (FP) Districts provided the applicant offers that~ (1) There exists a good and sufficient cause for the requested variance; (2) The strict application of the terms of this Ordinance will constitute an exceptional hardship to the applicant, and (3) The grant of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, or conflict with existing laws or Ordinances. The Board of Zoning Appeals mas issue a variance to the terms and provisions of the Floodway (FW), Floodway Fringe (FF) or Flood Plain (FP) Districts subject tO the following standards and ¢onditions~ (1) No variance or exception for a residential use in a Floodway (FW) District may be granted; (4) (?) Any variance or exception granted in a Floodway (FW) District, will require a permit from Natural Resources! Variances or exceptions to the flood protection grade requirements in a Floodway Fringe (FF) District may be granted only when a new structure is to be located on a lot of one-half acre or less in size, conti9uous to and surrounded by lots with existing structures constructed below the flood protection elevation~ Any variance or exception granted in a Flood Plain (FP) District will require a permit or letter of recommendations from Natural Resources. If a letter of recommendations is received from Natural Resources, the Board of Zoning Appeals may apply the standards pertaining tO a Floodway Fringe (FF) District contained in B (3) Of this section$ Variance or exception may be granted for the reconstruction or restoration of any structure llsted on the National Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archaeological and Cultural Sites, Structures, District and Objects~ All variances shall give the minimum relief necessarY, and be such that the ma.~imum practical flood protection will be given to ~he proposed construction, and The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to llfe and property and could require payment of excessive flood insurance premiums. $~TION 6 Record Keeping~ In addition to any other recOrdS the Plan Commission may keep, make and maintain~ a, The Plan Commission shall keep and maintain all records~ including all lowest floor elevations, certificates, plans and other materials a~sociated with any permit or variance issued in a Floodway (FW) District, Floodway Fringe (FF) District, or Flood Plain (FP) District. b. The Plan Commission shall not issue any permit~ license, or variance for the location or occupancy of any mobile home in a Floodway (FW), Floodway Fringe (FF), or Flood Plain (FP), until such time as proper notice written on lease, deed or purchase contract is given to the mobile home owner that such mobile home is in a flood hazard area. Plaz~Commission shall notify FIA of all permits issued in the Floodway or FloOd Plain Districts concerning watercOurse alteration. In addition to forwarding a Copy of all such permits to FIA, the Plan'Commission shall require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished, SECTION 7 SubdxvxsLon Control The Building Commissioner shall review all proposed subdivisions to determine whether the subdivision lies in a flood prone area as defined elsewhere by Ordinance, If the Building Commissioner finds the subdivision to be so located~ the Building Commissioner shall forward pertinent plans and materials to the Indiana Department of Natural Resources for review and comment. The Building Commissioner may require appropriate changes and modifications in order to assure that it is consistent with the need to minimize flood damages~ all public utilities and facilities, such as sewer, 9as, electrical and water systems are located and constructed to minimize or eliminate flood damage; adequate drainage is provided so as to reduce exposure to flood hazards; and that onsite waste disposal systems, if provided, will be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. All subdivision plats containing lands identified elsewhere by Ordinance as flood prone areas shall have thereon. · n the elevatlO of the 100 year flood listed sBCTION 8 · ' n and/or the Building Commissioner shall The Plan CommlsslO implement this Ordinance and grant or deny development permit applications as herein provided, Such plan Commission or Building Commissioner shall$ (1) Review all development permits to assure all permit requirements are satisfied. (2) Review development permits to ascertain if all prior approvals from Federal, State and City have been obtained. (3) Ascertain if proposed development is in Floodway, if so, assure that all encroachment provisions are met, (4) In an identified flood hazard area require that all new construction and substantial improvements be designed and built with materials resistant to flood damages, appropriate to prevent flotation, collapse or lateral movement of the structure and to minimize potential future flood damages. sECTION 9 All new or replacement water mains, valves and other appurtenancesl and all new or replacement sewers~ manholes and other appurtenances constructed in a Flood Hazard Area as defined elsewhere by Ordinance shall be designed and constructed as to minimize or eliminate infiltration of floodwaters into these systems and discharges from these systems into floodwaters. SECTION 10 In absence of base flood data provided by the Federal Insurance Administration the Plan Commission or Building Commissioner shall utilize other base flood data approved by Natural Resources to assure all structures meet the flood protection ~rade requirements of this Ordinance. Adopted by the Common Council of the City of jeffersonville, in the State of Indiana~ this ~. day.-~ July, 1979. --- ' ' MAYOR ~ Submitted to the Mayor for his approval this ~__.~__~_ day of ~YOR,t CI~ OF JgFFER$O~I~