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HomeMy WebLinkAbout1985-OR-28CONCERNING FLOOD PLAIN MANAGEMENT 79-0R-19 the and WHEREAS, it is now necessary to amend Ordinance No. in order to bring it into technical compliance with requirements of the Federal Emergency Management Agency; WHEREAS, it is in the best interest Jeffersonvi!le to amend Ordinance No. 79-OR-19. of the City of NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Clark County, Indiana, that the following Ordinance is hereby adopted. SECTION 1 For the purpose of this Ordinance, certain shall be interpreted and defined as follows: terms and words Development - Any man-made change to improved or unimproved real estate including, but not limited to, buildings and other structure, mining, dredging, filling, grading, paving, excavation or drilling operations. Flood or Floodwater Means the water of any lake or water- course which is above the banks and/or outside the channel and banks of such watercourse. Flood Hazard Area Means any flood plain, floodway, flood, way 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. Exception: If a Commerical or industrial building is floodproofed as hereinafter defined, the term "flood pro- tection grade" applies to the water surface elevation for which the building is protected. Floodproofed Building - Means a'comm~rcia'l or industrial building 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 uplift forces and other factors associated with the regulatory flood. Natural Resources Means the Indiana Natural Resources Commission. Regulatory 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 period, 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 the maximum water surface elevation attained by the regulatory flood. Substantial Modification - Means any alteration, repair, enlargement 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 health, sanitary or safety code specifications or (2) any alteration of a structure listed on the National Register of Historic Places or the Indiana State Survey of Historic, Archi- tectural, archeological and Cultural Sites, Structures, Districts and Objects. Mobile Home Tie Downs: Schedule A Means sufficient anchorage to 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 points and mobile homes less than 50 feet long requiring four additional ties per side; (3) all components of anchoring system be capable of carrying a force of 4,800 pounds; and (4) any additions to the mobile home be similarly anchored. SECTION 2 Basis for Establishing Flood Plain Districts The flood plain districts (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Jeffersonville, Indiana", dated February 1983, with the accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps as revised February 18, 1983, along with any subsequent revisions to the text or maps are hereby adopted by reference and declared to be a part of this Ordinance. The Flood Insurance Study is on file at the Office of the Building Commissioner. Flood Plain (FP) District - The purpose of the Flood Plain District is to guide developmept in those areas for which detailed flood data has not been provided. These areas are identified as approximate 100 year flood boundaries' on the Flood Boundary and Floodway Maps and as Zone A on the Flood Insurance Rate Map~ The Flood Plain (FP) District may stand by itself or be combined with any other district. Floodway (FW) District - The purpose of the Floodway (FW) District is to guide development in areas identifie~ as a floodway on the Flood Boundary-Floodway Map. Natural Resources exercises primary jurisdiction in the Floodway (FW) District under the provisions of IC 1971, 13-1-11; however, the Plan Commission or the Building Commissioner may impose terms and conditions on any permit issued in this district which are more restrictive than those imposed by Natural Resources. The Floodway (FW) District may stand by itself or be combined with any other district. Floodway Fringe (FF) District - The purpose of the Floodway Fringe (FF) District is to guide development in areas subject to potential flood damage, but outside an identified · Floodway (FW) District. The Floodway Fringe (FF) District may stand by itself or be combined with any other district. The principal requirement of this district is that the flood protection grade of all buildings shall be at least two feet above the regulatory flood profile. In the "FP", "FW" and "FF" Districts established herein, the degree of flood protection established in this OrdinanCe is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice or debris jams. This Ordinance does not imply that areas outside flood hazard districts as defined herein, will be free of flooding or flood damage. This Ordinance does not create any liability on the part of the City of Jeffersonville, Indiana, the Plan Commission, Natural Resources, the State of Indiana or any elected or appointed official or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. SECTION 3 A. Certain uses permitted by right. 1. Floodway (FW) District and Flood Plain (FP) 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 the deposition of any material or substance. AgricultUral uses such as crops, pastures, orchards, vineyards and general farming. the production of plant nurseries, b. Forestry, wildlife areas and nature preserves. Parks and recreational uses, such as golf courses, driving ranges and play areas. 2. Floodway Fringe (FF) District The following uses shall be permitted by right: Ail facilities, structures, uses and buildings con- sistent with other provisions of this Ordinance such as businesses, medical facilities, community and government buildings, industrial ~acilities, restau- rants, commercial facilities, storage facilities, mobile homes, utility buildings, amusement facilities, residential ~uildings and civic or fraternal facili- ties 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. Floodproofed 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, on-site waste disposal systems must be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. Special Exception Uses. 1. Flood Plain (FP) District The following special exception uses may be permitted in the Flood Plain (FP) District only after a proper permit or letter of recommendation 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. 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. Transportation facilities, such bridges, roadways, fords, airports, railroad and utility transmission as streets, pipe lines, facilities. Co Temporary or seasonal flood plain occupancy, such as circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands and transient amusement facility sites. Water-related urban uses, such as treatment facilities, storm sewers, generating and transmission facilities treatment facilities. wastewater electric and water 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 extractions. ge 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. Residential structures. The structure or struqtures, if permitted in a Floodplain (FP) District, shall be constructed on the building site so~as t6 minimize obstruction to the flow of floodwaters. Flopdproofing of non-residential structures, if proposed, must be in accordance with the definition of a floodproofed 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. On-site waste disposal systems must be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. 2. Floodway (FW) District The following special exception uses may be permitted in the Floodway (FW) District only after a permit for construction in a floodway 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 build- ings or additions to existing buildings shall have flood protection grades at least two feet above the regulatory flood profile. a o 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. Transportation facilities, such as streets, bridges, roadways, for~s, airports, pipelines, 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. Water-related urban areas, such as wastewater treatment facilities, storm sewers, electric generating and transmission facilities and water treatment facilities. 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. Floodproofing of non-residential structures, if proposed, must be in accordance with the definition of a floodproofed 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 No~-Conforming Uses Any building, structure or other use in a Flood Plain (FP), Floodway (FW) or Floodway Fringe (FF) District which is not in conformance with this Ordinance constitutes a non"conforming use. In a Floodway (FW) District, no non-conforming use may be expanded or enlarged nor can a building undergo substantial modification without a permit for con- struction in a floodway from Natural Resources. 2. In a Floodway Fringe (FF) District a building which constitutes a non-conforming use may undergo sub- stantial 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. 3. A non-conforming use in a Flood Plain (FP) D~str~ct may be altered, enlarged 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. 4. 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 pre-damage value. SECTION 5 Variances 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: There exists a good and sufficient cause for the requested variance; The strict application of the terms of this Ordinance will constitute an exceptional hardship to the applicant; and The grant of the requested variance will not increase flood heights, 'create additional threats to public safety, cause additional public expense, create nuisances or c6nflict with existing laws or Ordinances. The Board of Zoning Appeals may.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 coQditions: No variance or exception for a residential use in a Floodway (FW) District may be granted; 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, contiguous 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 or 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 recon- struction or restoration of any structure listed on the National Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archaeological and Cultural Sites, Structures, District and Objects; Ail variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; 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 life and property and could require payment of excessive flood insurance premiums; and o Variances shall not be issued within the Floodway (FW) District if any increase in the elevation of the Regulatory Flood would result. SECTION 6 Record Keeping: In addition to any other records the Plan Commission may keep, make and maintain: The Plan Commission shall keep and maintain all records, including all lowest floor elevations, certif- icates, plans and other materials associated with any permit or variance issued in a Floodway (FW) District, Floodway Fringe (FF) District or Flood Plain {FP) District. 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. Plan Commission shall not'~fy 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 ~he~ flood carrying capacity is not diminished. SECTION 7 Subdivision Control The Building Commissioner shall review all proposed sub- divisions 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 modifica- tions in order to assure that it is consistent with the need to minimize flood damages; all public utilities and facilities, such as sewer, gas, 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 on-site waste disposal systems, if provided, will be so located as to avoid impair- ment of them or contamination from them during the occurrence of the regulatory flood. Ail subdivision plats containing lands identified elsewhere by Ordinance as flood prone areas shall have the elevation of the 100 year flood listed thereon. SECTION 8 The Plan Commission and/or the'Building Commissioner shall 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. Review development permits to ascertain if all prior approvals from Federal, State and City have been obtained. Ascertain if proposed development is in Floodway; if so, assure that the encroachment does not cause any increase in the elevation of the Regulatory Flood. 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 Ail new or replacement water mains, valves and other appurtenances; 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 con- structed as to minimize or eliminate .infiltration of floodwaters into these systems and discharges from~thes~ systems into flood- waters. 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 pro- tection grade requirements of this Ordinance. This Ordinance shall be in and after its passage and approval. Passed this /fday of full force and effect from ATTEST: C. RICHARD SPENCER,/J/R/. CLERK-TREASURER~' Presented by me as Clerk-Treasurer City of Jeffersonville this /~ day of 1985. to the Mayor of said C. RICHARD S _~R, J~' CLERK-TREASURER Approved and signed ~3A3 ~ , 1985. by me this /~'- day of