This district is created to protect the public health and to reduce the financial burdens imposed on the community, its governmental units, and its individuals which may result from improper use of lands, which are subject to frequent and periodic floods and overflow within the floodway. The flood insurance study and maps are on file at the office of the County Auditor.
(A) Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
DEVELOPMENT. Has the identical meaning as defined by the Ordinance for Flood Hazard Areas for Unincorporated Lake County No. 2473, as amended, and as codified in § 157.015, which states:
(a) 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, etc.;
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. DEVELOP MENT 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.
FLOODPLAIN. Has the identical meaning as defined by the Ordinance for Flood Hazard Areas for Unincorporated Lake County No. 2473, as amended, and as codified in § 157.015, which states:
(a) A FLOODPLAIN means 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.
FLOODWAY. Has the identical meaning as defined by the Ordinance for Flood Hazard Areas for Unincorporated Lake County No. 2473, as amended, and as codified in § 157.015, which states:
(a) A FLOODWAY is 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.
FRINGE or FLOOD FRINGE. Has the identical meaning as defined by the Ordinance for Flood Hazard Areas for Unincorporated Lake County No. 2473, as amended, and as codified in § 157.015, which states:
(a) A FRINGE or FLOOD FRINGE is those portions of the floodplain lying outside the floodway.
NATURAL RESOURCES. The Indiana Natural Resources Commission.
REGULATORY FLOOD. Has the identical meaning as defined by the Ordinance for Flood Hazard Areas for Unincorporated Lake County No. 2473, as amended, and as codified in § 157.015, which states:
(a) A REGULATORY FLOOD means time 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 Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in § 157.021. The REGULATORY FLOOD is also known by the term BASE FLOOD, 1% ANNUAL CHANCE FLOOD and 100-YEAR FLOOD.
SPECIAL FLOOD HAZARD AREA (SFHA). Has the identical meaning as defined by the Ordinance for Flood Hazard Areas for Unincorporated Lake County No. 2473, as amended, and as codified in § 157.015, which states:
(a) Those lands within the jurisdiction of the county subject to inundation by the regulatory flood. The SFHAs of Lake County are generally identified as such on the Lake County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 18, 2012 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, A1-A30, AH, AR, A99, or AO).
STRUCTURE. Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, mobile homes, and other similar items.
(B) Permitted uses.
(1) All development except the following uses permitted by right shall be prohibited within the C-l Conservation Zone except:
(2) The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted by right within the C-l Conservation Zone District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of material or equipment:
(a) Agricultural uses such as general farming, pasture grazing, orchards, plant nurseries, and vineyards;
(b) Forestry, wildlife areas, and nature preserves; and
(c) Parks and recreational uses, such as golf courses, driving ranges, and play areas.
(C) Nonconforming uses. Any building, structure, or use of land in this district 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 Natural Resources for review and comment. All terms and conditions imposed by natural resources shall be incorporated into the issuance of any local permit.
(D) No development may occur in any Special Flood Hazard Area (SFHA) classified as floodway by Lake County Ordinance #2473 or identified as such on the Lake County Indiana Unincorporated Area Flood Insurance Rate Map dated January 18, 2012, including any subsequent updates, amendments, or revisions prepared by the Federal Emergency Management Agency (FEMA) with the most recent date.
(Prior Code, § 154.166) (Ord. passed 4-15-1957; Ord. 2389, passed 9-12-2017)