(A) Purpose of Flood zone (F zone). The development of flood hazard areas could result in the potential loss of life and property, create health and safety hazards and lead to extraordinary public expenditures for flood protection and relief. The development of these areas is not essential to the orderly growth of the community, and these areas are suitable for open space uses that do not require structures or fill. (Ord. 466, § 2-6-1, passed 5-11-98)
(B) Basis for establishment. The floodplain or zone (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 Berne, Indiana,” dated August 3, 1981, with the accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps along with any subsequent revisions to the text or maps are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in the offices of the Clerk-Treasurer and the Zoning Administrator.
(Ord. 466, § 2-6-2, passed 5-11-98)
(C) Permitted uses. The following uses have low flood damage potential and do not obstruct flood flows. These uses shall be permitted by right within the Flood zone to the extent that they are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials or equipment.
(1) Agricultural uses such as general farming, pasture, grazing, orchards, plant nurseries and vineyards.
(2) Forestry, wildlife areas and nature preserves.
(3) Parks and recreational uses, such as golf courses, driving ranges, and play areas.
(Ord. 466, § 2-6-3, passed 5-11-98)
(D) Non-permitted uses. All development applications located in the Floodplain district or zone which are not listed in division (C) of this section will require the review and approval by the Department of Natural Resources prior to the issuance of a local permit. The applicant shall forward all these applications along with plans and specifications to the Department of Natural Resources for review and comment. (Ord. 466, § 2-6-4, passed 5-11-98)
(E) Nonconforming uses. Any building, structure or use of land in the Floodplain district or zone which is not in conformance with this chapter constitutes a nonconforming use. All applications to repair, extend or enlarge a nonconforming use shall be forwarded to the Department of Natural Resources for review and comment. All terms and conditions imposed by the Department of Natural Resources shall be incorporated into the issuance of any local permit. (Ord. 466, § 2-6-5, passed 5-11-98)
(F) Variances. Applications for variances to the provisions of this chapter shall be forwarded to the Department of Natural Resources for review and comment. All terms and conditions imposed by the Department of Natural Resources shall be incorporated into the issuance of any local permit.
(Ord. 466, § 2-6-6, passed 5-11-98)
(G) National Flood Insurance Program (NFIP) regulations. During review of improvement location permits, the Zoning Administrator shall assure that all National Flood Insurance Program regulations pertaining to state and federal permits, subdivision review, mobile home tie-down standards, utility construction, record keeping (including lowest flood level elevations), and watercourse alteration and maintenance have been met.
(Ord. 466, § 2-6-7, passed 5-11-98)
(H) Disclaimer of liability. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the city, Natural Resources, or the state for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Ord. 466, § 2-6-8, passed 5-11-98) Penalty, see § 152.999