(A) Purpose. The purpose of the C-2 District is to guide development in areas in the floodway fringe subject to potential flood damage, but outside an identified C-1 Floodway District. The identification of these areas may be by the Federal Insurance Administration, Natural Resources, the Soil Conservation Service, the Corps of Engineers, the U.S. Geological Survey, or other reliable sources. 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.
(B) Permitted uses. The underlying zoning district classification at the time SFHA'S were identified, mandated, and included as part of the Lake County Zoning Ordinance, on or about September 2, 1981, shall preside when defining permissible uses in the C-2 or C-3 Zones. The following shall be permitted by right. The facilities, structures, uses, and buildings consistent with other provisions of this chapter 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 pad (concrete or stands of compacted fill) at or above the elevation of the regulatory flood and must be provided with ground anchors. Flood proofed non-residential 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 the state. Also, onsite waste disposal systems must be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.
(C) Nonconforming uses. Any building, structure, or use of land in the C-2 Zoning District which is not in conformance with this section 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) (1) No development may occur in any Special Flood Hazard Area (SFHA) classified as fringe or flood fringe 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, without first having received a variance of development standards from the Lake County Board of Zoning Appeals that includes (in addition to other required statutory findings) a finding that any and all structures, including basements, be two feet above the base flood elevation and that the entire development be in compliance with the Lake County Ordinance for Flood Hazard Areas (currently Lake County Ordinance No. 2473), as amended, which may also include approval, permission, or permitting from the Floodplain Management Section of the Indiana Department of Natural Resources, Division of Water.
(2) Also, site development plan approval shall be required under § 154.005 prior to issuance of any building and zoning permit.
(3) In addition, any structure having been approved (by variance of development standards) under this section shall have the elevation of the lowest floor, including the basement, certified by a registered professional engineer or architect, licensed in the State of Indiana, as being at least two feet above the base flood elevation. This required certification shall be conducted at or before the required foundation inspection (after the foundation is complete) and before commencement of any additional construction on the project or property.
(4) Also, in the case of any development requiring an onside sewage disposal system, subsurface trench soil absorption systems shall not be constructed with the bottom of any trench below the regulatory flood, elevated sand mound soil absorption systems shall not be constructed where the original grade is below the regulatory flood, or septic tanks and dosing tanks shall not be installed with the top of the riser below the regulatory flood.
(Prior Code, § 154.167) (Ord. passed 4-15-1957; Ord. 2489, passed 9-12-2017)