(A) (1) The Riverfront Protection Overlay District is created as an overlay district and shall apply to land abutting the Wabash River, Eel River, and other creeks and tributaries as may, from time to time, be designated by amendment of this chapter by the Plan Commission.
(2) The Riverfront Protection District regulations shall be in addition to all other applicable zoning district standards. The Riverfront Protection District may have the effect of modifying the requirements, regulations, and procedures applying in the underlying district; providing there is no conflict of this chapter and other ordinances or state or federal law. If there is such a conflict, whichever ordinance or law is the most restrictive shall take precedence.
(B) (1) The River Protection Overlay District is of special and substantial public interest because it is a visual and environmental resource affecting substantial portions of the county. It is the general purpose and intent of these regulations to provide for maximum public benefit from any future development of the Riverfront Protection District through a sharing of the district land by different types of uses which are developed with a river orientation and with emphasis on the opportunity for enjoyment of river vistas and access to the river banks, continuity of river trails, and access to the rivers.
(2) It is further the intent of this chapter to provide for public access to the rivers, to eliminate or minimize adverse environmental impact, to improve scenic and aesthetic controls, to improve transportation coordination and capability, to better coordinate residential, recreation, commercial, and industrial land uses, and to promote tourism and economic development in areas adjacent to the rivers.
(C) The boundaries of this overlay district shall be 100 feet from the riverbank, which shall be defined as the landward edge of the “floodway area” as determined by the State Department of Natural Resources and for the Federal Emergency Management Agency, on both sides of the river or creek. In the absence of “Floodway Area” information, the 100-year flood boundary shall be used for measurement. For purposes of this section, reports entitled “Floodway: Flood Boundary and Floodway Maps” or the “FIRM: Flood Insurance Rate Map” for the county, which were prepared by the Federal Emergency Management Agency and effective August 3, 1981, shall be used. If more than 50% of a lot or parcel is within that defined boundary, the entire lot or parcel shall therefore be included as if it were entirely contained within that boundary.
(D) Prior to issuance of an improvement location permit for any change in the Riverfront Protection District, a person shall submit a request for approval of a change to the Plan Commission. For the purpose of the Riverfront Protection District, change shall mean:
(1) Construction, enlargement, or alteration of a structure, sign, or parking area, but not replacement of industrial machinery or fixtures which do not involve a structural alteration;
(2) Commencement of a different land use or occupancy;
(3) Filling, grading, clearing, or excavating of land including the removal of trees or other vegetation; and
(4) Emergency work specified herein. However, this does not include temporary flood or ice control measures when flooding or ice damage is imminent or present.
(E) The request for Development Plan approval in the Rivetfront Protection District shall be accompanied by the materials as specified in § 155.150, as well as the following additional information:
(1) The location, minimum size, and configuration of areas to be conveyed, dedicated, or otherwise reserved as common open space and/or easement;
(2) The existing and proposed pedestrian and/or trail system;
(3) The proposed treatment of the perimeter of the site; including materials and techniques to be used such as screens, fences, walls, and landscaping;
(4) The relationship between this parcel and other developed parcels within the Riverfront Protection District, including building orientation and facade design;
(5) The height of the plat above sea level;
(6) Any data and information bearing on the flooding; and
(7) Other technical or statistical data which may be reasonably required by the Plan Commission.
(F) (1) The Plan Commission shall review the Development Plan submitted within the Riverfront Protection District according to the procedure set forth in § 155.150. In addition, the Commission shall review the Development Plan in relationship to any and all plans having a bearing on the Overlay District, including but not limited to: the Comprehensive Plan; the Park Master Plan; as well as any flood control measures; bank conservation treatment; and water quality controls or improvements which might be needed to support the proposal.
(2) If the Plan Commission determines that the proposal is not compatible with the Comprehensive Plan, or creates unreasonable hazard of flooding, or is not compatible with the aesthetic design of the District, it shall be deny the application. If the Plan Commission denies the application, it shall notify the petitioner stating the reasons for the denial.
(G) (1) No person shall commence activity in the Riverfront Protection District (described above) before a Development Plan is approved by the Plan Commission, unless it has been exempted under the terms of this chapter for emergency work by the Zoning Administrator.
(2) Emergency work may be commenced concurrent with an application for Development Plan approval when, without emergency work, there is imminent danger of personal injury or substantial damage to property. Any such emergency work is done solely at the risk of the person performing the work.
(3) An application for Development Plan shall be filed for review as soon as possible and not later than the first working day after repairs have commenced. No permit shall be issued for a change required to be reviewed under this chapter, unless the change has been approved by the Plan Commission or is proceeding as emergency work under concurrent review.
(4) If the Plan Commission subsequently denies the Development Plan for any change made pursuant to the “emergency work” provisions of this division (G), the person shall, upon notification of the denial, immediately quit any such occupancy and use and shall restore the premises to its condition prior to commencement of the emergency work.
(Prior Code, § 153.052) (Ord. 93-02, passed 2-1-1993)