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The following amendments are made to the Zoning Ordinance with regards to the County Gateway (CG) Overlay District.
(A) Purpose and intent. The County Gateway (CG) Overlay District is intended to promote the health, safety, comfort, convenience, and general welfare of the public by guiding the orderly growth and development of areas adjacent to, and adjoining, the four-lane Hoosier Heartland Industrial Corridor, limited access federal highway. It is further intended that the Overlay District foster a successful public/private relationship between the county and prospective developers, while promoting development opportunities, which encourage compatibility of land uses, provide safe and sufficient transportation systems and infrastructure, and protect the built and natural environment through fair, objective standards and regulations for all development proposals. All standards within this overlay pertain to commercial and industrial uses only.
(B) Authority. The Commission has authority over all Development Plan Reviews (DPR). Delegation of authority in accordance with I.C. 36-7-4-1402(c)
states that the Commission may authorize the Plan Review Committee or the staff to act on the behalf of the entire Commission to conduct DPR for the following situations.
(C) Permitted uses. All areas within the CG Overlay District should be rezoned to CG. Uses allowed within this district are shown in § 155.027. Applicants for uses allowed by special exception must submit a DP use approval to the Redevelopment Commission (RDC) during a public meeting.
(1) Approval. The Redevelopment Commission may approve, approve with conditions, or deny the DP use approval. Any use approval that is approved, or approved with conditions, by the Redevelopment Commission is exempt from special exception and shall be submitted directly to the Plan Review Committee for DPR.
(2) Restrictions. However, any DP use approval that is not approved by the Redevelopment Commission must first be submitted to the Board of Zoning Appeals for Special Exception approval to allow such a use, prior to being submitted to the Plan Commission for DPR. If there are major changes to the DP after being approved, the DP must go back to RDC for approval before a new DPR. Staff will determine whether or not there has been a major change to the DP.
(3) Post-approval. Following the approval by the Redevelopment Commission, the county shall be considered as the co-applicant for DPR. If the county becomes a co-applicant, the use shall he considered allowed by right instead of going through the special exception process. In such instance the Redevelopment Commission authorizes the Plan Review Committee or staff to approve, approve with conditions, or disapprove the DP for all other standards, and/or provide zoning waivers.
(D) Standards. All development within CG Overlay District must meet the following standards.
(1) Lots. Minimum lot area is 130,680 square feet or three acres.
(a) No land which is within public rights-of-way, or public lands, or public or private street or access easements, shall be used for computing the minimum lot area.
(b) No land which is within a watercourse, drainage way, channel, stream, or designated wetlands floodway as specified by the Zoning Ordinance, shall be used for computing the minimum lot area.
(c) No land which is under water, other than a temporary detention storage area or ornamental pond, shall be used for computing the minimum lot area.
(d) Lots which do not meet the minimum lot area which are within approved subdivisions and lots of record prior to the establishment of the Gateway Overlay District may obtain improvement location permits provided all other standards of the ordinance can be met, including DPR, if applicable.
(2) Area and coverage. Gross floor area shall have a minimum of 2,500 square feet, excluding basement or any accessory buildings.
(a) Maximum height of a building shall not exceed 199 feet.
(E) Sight design. Site design of the development shall meet the following standards.
(1) Off-street parking.
(a) An off-street parking plan shall be submitted with the DPR application. This plan shall be drawn to scale, including dimensions and distances. The off-street parking plan shall adhere to all the standards and regulations of this chapter. There shall be no off-street parking within the required planting strip or buffer yard.
(b) Off-street parking areas for two or more different uses may be provided collectively, if the total number of spaces provided is not less than the total of the minimum required spaces for each individual use.
(c) Combined parking shall be designed and constructed so as to create a desirable, efficient, and well planned off-street parking area with functional and aesthetic values, attractiveness, and compatibility with adjacent land uses.
(2) Driveway access.
(a) Driveways must be located, constructed, and marked in such a way to provide safe ingress and egress. Driveway standards shall be as designated in this chapter, except for the following:
(b) Driveways shall not be located closer than 25 feet from an interior property line or another driveway on the same property, unless a common driveway is provided between adjacent properties in order to provide safe ingress and egress for both properties.
(3) Landscaping and buffer yard. A landscaping and buffer yard plan shall be submitted with the DPR application. This plan shall be drawn to scale, including dimensions and distances. The landscaping plan shall adhere to all the standards and regulations of this chapter.
(a) A minimum of 10% of the total area of the property must be green space. All landscaping material selected shall be appropriate to local growing and climate conditions.
(b) A planting strip, minimum width shall be ten feet, shall be provided adjacent to any collector, arterial, parking lot, and entry drive. Side and rear yard setbacks adjacent or adjoining a residential use, shall meet buffering requirements. No other side and rear buffer yards are required unless specified otherwise in this chapter.
(c) All landscaping and buffer yards must follow the regulations of this chapter, unless specified otherwise. Buffer yards located adjacent to State Road 25 must be double the number of plantings required.
(4) Lighting. Site lighting plan shall be submitted with the DP. It must prove that no light is spilling onto residential properties.
(5) Signage.
(a) A signage plan shall be submitted with the DPR application. This plan shall be drawn to scale, including dimensions and distances. The signage plan shall adhere to all the standards and regulations of this chapter, unless otherwise specified. Additionally, there shall be no banners, sandwich boards, flags, pennants, or other temporary signs unless specifically designated in the DP approval.
(b) Any sign that is erected by the Redevelopment Commission for the purpose of way finding, logo, and information for the Agribusiness Park will be considered a permitted sign and won’t require a permit or need to meet any other standards of this chapter.
(6) Other requirements.
(a) All outdoor sales shall be in, and only in, an approved designated area. No outdoor sales shall conflict with the DP as approved, including parking areas. No sales shall be conducted in any trailer, container, or temporary shelter, unless it is a part of the approved DP.
(b) All outdoor storage shall be in and only in an approved designated area. No outdoor storage shall conflict with the DP as approved, including parking areas. No storage shall be conducted in any trailer, container, or temporary shelter unless it is a part of the approved DP. Storage must be located to the rear of the primary structure and stored or screened in a way to not be visible from State Road 25, unless impractical or storage of natural materials.
(c) Architectural design from the principal office structure shall reflect vertical and horizontal proportions and shall provide a defined base and top on all sides of the building seen from State Road 25.
(Ord. 2015-08, passed 7-20-2015; Ord. 2020-02, passed 2-3-2020)
The following amendments are made to the Zoning Ordinance with regards to the Grissom Air Reserve Overlay District.
(A) Purpose. The purpose of this provision is to regulate the height of man-made structures and objects of natural growth; and otherwise regulate the land use and development of property around the Grissom Air Reserve Base by providing boundaries with standards within this overlay. In addition to these standards, all uses and structures shall comply with Federal Aviation Regulation (FAR), 14 C.F.R. part 77 and all other applicable state and federal regulations.
(B) Authority.
(1) Staff is given the authority to approve or deny improvement location permits based on items, such as height, density, dust, glare, bird hazards, or radio/electrometric interference that effect the operations of the Grissom Air Force Reserve.
(2) Staff will inform the Encroachment Committee of all developments or plantings that will be occurring within this overlay. The Committee will have two days to inform staff if there will be an effect on base operations, if there is they will have one week to provide those effects in writing. All Board of Zoning Appeals cases within this overlay will go through the same process.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACUZ. The Air Installation Compatible Use Zone; assists local authorities in protecting public health, safety, and welfare by identifying types of development that would be compatible with the air installation as well as maintain the installation’s operational capability and mission through compatible land use planning. (See the 2014 Installation Compatible Use Zone Study for Grissom Air Reserve Base.)
APZ I. The Accident Potential Zone I; starts at the end of the Clear Zone and extends 5,000 feet beyond the clear zone and follows the same width as the Clear Zone. Approximately 8% of accidents occur within this area.
APZ II. The Accident Potential Zone II; starts at the end of APZ I and extends out 7,000 feet while continuing the width of APZ I. For the purpose of this overlay only, the area that runs from the eastern county line along 700S to 1000E to 800 S to 900E to 950S, then follows the most southwest end of APZI to 1000E to 1100S, then along the eastern county line; this doesn’t include any other the other districts.
CLEAR ZONE. Starts along the runway centerline within 3,000 feet of the end of the runway and 1500 feet from each side of the runway. This is where roughly 33% of accidents occur. For the purpose of this overlay only, the area 2500 feet on either side of the entire runway in the county will also be considered the CLEAR ZONE.
CONICAL SURFACE. A surface extending outward and upward from the periphery of the inner horizontal surface at a slope ratio of 20 to one (20H:1V) to a height of 500 feet above the established airport elevation.
DNL NOISE. Day to night average sound level is an energy-averaged sound level calculated over a 24-hour period with a ten-decibel penalty assigned to noise events occurring between 10:00 p.m. and 7:00 p.m.
ENCROACHMENT COMMITTEE. This committee will be created by the Grissom Air Force Reserve Base. This committee will provide information on how possible development and plantings may affect the Base. Members will include Grissom Air Force Reserve Base members with their consultants as well as regional officials and departments.
INNER CONICAL SURFACE. Provided for additional land use and height protection this district provides standards from the eastern county line along 500S to 950E to 600S to 900E to SR218 to 200E to 200S to 700E to 1225S to 1000E to 1250S, and back along the eastern county line; this does not include any of the other districts.
OUTER CONICAL SURFACE. Provided in this overlay for additional land use and height protections this district provides standards within the area that runs from inner conical surface at the intersection of 750E and 800S along 800S to 500E to 1400S along the eastern county line; this doesn’t include any of the other districts.
(D) Districts.
(1) Clear zone.
(a) Permitted uses: Cropland, not to include orchards.
(b) Height limitations (human-made and natural): No structures shall be constructed and no vegetation other than agricultural crops may be planted, unless they have been approved by the Board of Zoning Appeals as a special exception.
(2) APZI.
(a) Permitted uses: Cropland, not to include orchards; pasture and grazing livestock, not including confined feed; and agricultural buildings.
(b) Height limitations (human-made and natural): Structures shall not exceed 35 feet in height to the peak of the structure. Vegetation maybe planted if full growth will not exceed 50 feet in height.
(3) APZII.
(a) Permitted uses: Cropland and orchards; pasture and grazing livestock, not including confined feed; agricultural buildings; and all residential uses allowed within the Agricultural Zoning (AG) District.
(b) Height limitations (human-made and natural): Structures shall not exceed 50 feet in height. Vegetation may be planted if the growth will not exceed 100 feet in height.
(4) Inner conical surface.
(a) Permitted uses: All uses allowed in the Agricultural Zoning (AG) District are permitted. Any such use that would create dust, glare, bird hazards, or that would create radio or electrometric interference is prohibited within this district.
(b) Height limitations: Structures shall not exceed 150 feet in height.
(5) Outer conical surface.
(a) Permitted uses: All uses of the underlining zoning district are allowed. Any such uses that would create dust, glare, bird hazards, or that would create radio or electrometric interference are prohibited within this district.
(b) Height limitations: structures may not exceed 500 feet in height.
(Ord. 2016-03, passed 5-16-2016)
OVERLAY DISTRICT REGULATIONS; FLOODPLAINS
The state legislature has in I.C. 36-7-4
granted the power to local government units to control land use within its jurisdictions. Therefore, the Board of County Commissioners does hereby adopt the following floodplain management regulations into the Zoning Ordinance.
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014)
(A) Findings of fact.
(1) The flood hazard areas of the county 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.
(B) Statement of purpose. It is the purpose of this subchapter 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 floodwaters;
(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 federally subsidized flood insurance available for structures and their contents in the county by fulfilling the requirements of the National Rood Insurance Program.
(C) Objective. The objectives of this subchapter 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; and
(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.
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014)
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE).
(1) A structure with a floor area 400 square feet or less that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure.
(2) ACCESSORY STRUCTURES should constitute a minimum initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of ACCESSORY STRUCTURES are detached garages, carports, storage sheds, pole barns, and hay sheds.
ADDITION (TO AN EXISTING STRUCTURE). Any walled and roofed expansion to the perimeter of a structure, in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.
APPEAL. A request for a review of the floodplain Administrator’s interpretation of any provision of this subchapter.
AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE). The elevation of the 1% annual chance flood.
BASEMENT. The portion of a structure having its floor sub-grade (below ground level) on all sides.
BOUNDARY RIVER. The part of the Ohio River that forms the boundary between the Kentucky and Indiana.
BOUNDARY RIVER FLOODWAY. The floodway of a boundary river.
BUILDING. See STRUCTURE.
COMMUNITY. A political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.
COMMUNITY RATING SYSTEM (CRS). A program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.
CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to: schools; nursing homes; hospitals; police, fire, and emergency response installations; installations which produce, use, or store hazardous materials or hazardous waste.
DEVELOPMENT.
(1) Any human-made change to improved or unimproved real estate including, but not limited to:
(a) Construction, reconstruction, or placement of a structure or any addition to a structure;
(b) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days;
(c) Installing utilities, erection of walls and fences, construction of roads, or similar projects;
(d) Construction of flood control structures, such as levees, dikes, dams, channel improvements, and the like;
(e) Mining, dredging, filling, grading, excavation, or drilling operations;
(f) Construction and/or reconstruction of bridges or culverts;
(g) Storage of materials; or
(h) Any other activity that might change the direction, height, or velocity of flood or surface waters.
(2) DEVELOPMENT does not include activities such as the maintenance of existing structures and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures.
ELEVATED STRUCTURE. A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers).
ELEVATION CERTIFICATE. A certified statement that verifies a structure’s elevation information.
EMERGENCY PROGRAM. The first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community’s first floodplain ordinance.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA. The Federal Emergency Management Agency.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS). The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.
FLOOD-PRONE AREA. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See FLOOD.)
FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood, plus two feet at any given location in the SFHA. (See FREEBOARD.)
FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The FLOODPLAIN includes both the floodway and the fringe districts.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to: emergency preparedness plans; flood control works; floodplain management regulations; and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS. This subchapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. FLOODPLAIN MANAGEMENT REGULATIONS are also referred to as FLOODPLAIN REGULATIONS, FLOODPLAIN ORDINANCE, FLOOD DAMAGE PREVENTION ORDINANCE, and FLOODPLAIN MANAGEMENT REQUIREMENTS.
FLOODPROOFNG (DRY FLOODPROOFING). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.
FLOODPROOFING CERTIFICATE. A form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a registered professional engineer or architect.
FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.
FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.
FRINGE. Those portions of the floodplain lying outside the floodway.
HARDSHIP.
(1) As related to variances of this subchapter, the exceptional hardship that would result from a failure to grant the requested variance. The Board of County Commissioners require that the variance is exceptional, unusual, and peculiar to the property involved.
(2) Mere economic or financial HARDSHIP alone is not exceptional inconvenience; aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.
HISTORIC STRUCTURES. Any structures individually listed on the National Register of Historic Places or the State Register of Historic Sites and Structures.
INCREASED COST OF COMPLIANCE (ICC). The cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.
LETTER OF FINAL DETERMINATION (LFD). A letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period, unless the community has previously incorporated an automatic adoption clause.
LETTER OF MAP AMENDMENT (LOMA). An amendment by letter to the currently effective FEMA map that establishes that a property is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA.
LETTER OF MAP CHANGE (LOMC). A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They include Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision based on Fill (LOMR-F).
LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F). An official revision by letter to an effective NFIP map. A LOMR-F provides FEMA’s determination concerning whether a structure or parcel has been elevated on fill above the BHE and excluded from the SFHA.
LOWEST ADJACENT GRADE. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.
LOWEST FLOOR. The lowest elevation described among the following:
(1) The top of the lowest level of the structure;
(2) The top of the basement floor;
(3) The top of the garage floor, if the garage is the lowest level of the structure;
(4) The top of the first floor of a structure elevated on pilings or pillars; or
(5) The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of floodwaters unless:
(a) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters by providing a minimum of two openings (in addition to doorways and windows) in a minimum of two exterior walls; if a structure has more than one enclosed area, each shall have openings on exterior walls;
(b) The total net area of all openings shall be at least one square inch for every one square foot of enclosed area; the bottom of all such openings shall be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and
(c) Such enclosed space shall be usable solely for the parking of vehicles and building access.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with, or without, a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. MARKET VALUE can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.
MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of MITIGATION is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.
NATIONAL GEODETIC VERTICAL DATUM (NGVD) OF 1929, AS CORRECTED IN 1929. A vertical control used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION. Any structure for which the “start of construction” commenced after the effective date of the community’s first floodplain ordinance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community’s first floodplain ordinance.
NON-BOUNDARY RIVER FLOODWAY. The floodway of any river or stream other than a boundary river.
NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88), AS ADOPTED IN 1993. A vertical control datum used as a reference for establishing varying elevations within the floodplain.
OBSTRUCTION. Includes, but is not limited to: any dam; wall; wharf; embankment; levee; dike; pile; abutment; protection; excavation; canalization; bridge; conduit; culvert; building; wire; fence; rock; gravel; refuse; fill; structure; vegetation; or other material in, along, across or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water; or, due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
ONE-PERCENT ANNUAL CHANCE FLOOD. The flood that has a 1% chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the 1% annual chance flood. (See REGULATORY FLOOD.)
PHYSICAL MAP REVISION (PMR). An official republication of a community’s FEMA map to effect changes to base (1% annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.
PUBLIC SAFETY AND NUISANCE. Anything which is injurious to the safety or health of an entire community, neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE. A vehicle which is built on a single chassis (400 square feet or less when measured at the largest horizontal projections), designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.
REGULAR PROGRAM. The phase of the community’s participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.
REGULATORY FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the State Department of Natural Resources and the Federal Emergency Management Agency. The REGULATORY FLOOD elevation at any location is as defined in § 155.073. REGULATORY FLOOD is also known by the term BASE FLOOD, 1% ANNUAL CHANCE FLOOD, and 100-YEAR FLOOD.
REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a 30-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeds 25% of the market value of the structure before the damage occurred.
SECTION 1316. The section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.
SPECIAL FLOOD HAZARD AREA (SFHA). Those lands within the jurisdiction of the county subject to inundation by the regulatory flood. The SFHAs of the county are generally identified as such on the County and Incorporated Areas Flood Insurance Rate Map dated September 3, 2014, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, Al through A30, AH, AR, A99, or AO.)
START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued; provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date.
(1) ACTUAL START. Either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. For a substantial improvement, the ACTUAL START of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(2) PERMANENT CONSTRUCTION. Does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
STRUCTURE. A structure that is principally above-ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT.
(1) Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed.
(2) The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure.
SUSPENSION. The removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP.
VARIANCE. A grant of relief from the requirements of this subchapter, which permits construction in a manner otherwise prohibited by this subchapter where specific enforcement would result in unnecessary hardship.
VIOLATION. The failure of a structure or other development to be fully compliant with this subchapter. A structure or other development without the elevation, other certification, or other evidence of compliance required in this subchapter is presumed to be in VIOLATION until such time as that documentation is provided.
WATERCOURSE. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
ZONE. A geographical area shown on a FIRM that reflects the severity or type of flooding in the area; portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR, and Zone A99 on a FIRM.
(1) X ZONE. The area where the flood hazard is less than that in the SFHA. Shaded X ZONES shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2% chance of being equaled or exceeded (the 500-year flood). Unshaded X ZONES (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2%.
(2) ZONE A99. Areas subject to inundation by the 1% annual chance flood event, but which will ultimately be protected upon completion of an under-construction federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. ZONE A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown.
(3) ZONE A. Areas subject to inundation by the 1% annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. In A ZONES, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings.
(4) ZONE AE and A1-A30. Areas subject to inundation by the 1% annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. (ZONE AE is on new and revised maps in place of ZONES A1-A30.)
(5) ZONE AH. Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone.
(6) ZONE AO. Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone.
(7) ZONE AR. Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection.
(8) ZONE B, C, and X. Areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (ZONE X is used on new and revised maps in place of ZONES B and C.)
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014)
(A) Lands to which this subchapter applies. This subchapter shall apply to all SFHAs and known flood-prone areas within the jurisdiction of the county.
(B) Basis for establishing regulatory flood data. This subchapter’s protection standard is the regulatory flood. The best available regulatory flood data is listed below.
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the county shall be as delineated on the 1% annual chance flood profiles in the Flood Insurance Study of the County and Incorporated Areas dated September 3, 2014, and the corresponding Flood Insurance Rate Map dated September 3, 2014, as well as any future updates, amendments, or revisions prepared by the Federal Emergency Management Agency with the most recent date.
(2) (a) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the county, delineated as an “A Zone” on the County and Incorporated Areas Flood Insurance Rate Map dated September 3, 2014, 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 State Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.
(b) 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 State Department of Natural Resources for review, 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 community’s known flood-prone areas shall be according to the best data available as provided by the State 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.
(C) Establishment of floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this subchapter prior to the commencement of any development activities in areas of special flood hazard.
(D) Compliance. No structure shall hereafter be located, extended, converted, or structurally altered within the SFHA without full compliance with the terms of this subchapter and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this subchapter and other applicable regulations.
(E) Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subchapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(F) Discrepancy. 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.
(1) 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.
(2) 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 he considered outside the SFHA and the floodplain regulations will not be applied. The property owner shall be advised to apply for a LOMA.
(G) Interpretation. In the interpretation and application of this subchapter all provisions shall be:
(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.
(H) Warning and disclaimer of liability.
(1) The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study.
(2) Larger floods can and will occur on rare occasions. Therefore, this subchapter does not create any liability on the part of the county, the State Department of Natural Resources, or the state, for any flood damage that results from reliance on this subchapter or any administrative decision made lawfully thereunder.
(I) Violations. Failure to obtain a Floodplain Development Permit in the SFHA, or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance, shall be deemed to be a violation of this subchapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of this chapter.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The county’s Plan 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 county from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014) Penalty, see § 155.999
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