(A) Purpose. The purpose of this district is to regulate development in flood prone areas. The new construction of buildings and other new development or land uses in the flood hazard areas of the county, if not properly regulated to account for the potential hazard, could result in the loss of life and property, create health and safety hazards, and lead to extraordinary expenditures for flood protection and relief. Development of these areas is not essential to the orderly growth of the community. These lands are suitable for open space and other uses that do not require structures or fill. The identification of the floodplain, which includes the floodway and flood fringe, has been made by the Federal Flood Insurance Administration of the Federal Emergency Management Agency. The Indiana Department of Natural Resources shall exercise primary jurisdiction in the floodway under the provisions of I.C. 14-28-1 et seq.; however, the Plan Commission or Board of Zoning Appeals may impose terms and conditions on any permits they issue which are more restrictive than those imposed by the Indiana Department of Natural Resources.
(B) Permitted uses.
(1) The following low flood damage potential uses/activities do not obstruct flood flows and are allowed in the FP District, provided they do not require structures, fill or storage of materials or equipment:
(a) Agricultural uses such as farming, grazing, truck farming and horticulture;
(b) Forestry and nursery uses;
(c) Outdoor recreational uses, including fishing, boating, hiking, bicycling and horseback riding;
(d) Conservation of soil and water, plants and wildlife;
(e) Wildlife management areas;
(f) Wells and utility lines; and
(g) Buildings lawfully existing prior to the adoption of these provisions.
(2) The above and foregoing uses shall be permitted provided they do not require the extensive use of structures or storage of materials or equipment; however, in no event shall the use of fill from either within or without the Floodplain District be allowed without the specific permission from and authority of the Department of Natural Resources.
(C) Prohibited uses. The following uses are specifically prohibited in the floodplain, except where allowed by special exception:
(1) The storage or disposal of any soil, loam, peat, sand, gravel, rock or other mineral substance, refuse, trash, rubbish, debris or dredged soil, except by special exception;
(2) The drainage, excavation or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock or other mineral substance, except as necessary to work, or permitted as of right or by special exception;
(3) The storage or disposal of materials used for snow and ice control including sand, salt and other deicing chemicals;
(4) The manufacture, storage or disposal of hazardous wastes;
(5) Solid waste landfills, junk yards, salvage yards and dumps; and
(6) Septic tanks and fields.
(D) Nonconforming uses. Any building, structure, or use of land in the Floodplain 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 the Indiana Department of Natural Resources and shall be incorporated into the issuance of any local permit.
(E) Issuance of improvement location permit.
(1) The Plan Commission shall keep and maintain all records, including all first floor elevations, certificates, plans and other materials associated with any permit or variance issued within the floodplain.
(2) (a) The Plan Commission shall not issue an improvement location permit within the floodplain until the applicant submits evidence that:
1. A proper permit or letter or recommendation for it has been granted by the Indiana Department of Natural Resources;
2. All buildings or additions to existing buildings shall have flood protection grades at least two feet above the regulatory flood; and
3. No use shall increase the base flood level of a regulatory flood.
(b) A commercial or industrial well will not adversely effect any municipal water supply source.
(3) The Plan Commission shall not issue an improvement location permit for a mobile home in a floodplain.
(4) All applications for improvement location permits involving new construction or substantial improvement to existing buildings shall be accompanied by an elevation certificate which needs to be completed by the applicant and have the lowest floor elevation certified by a licensed professional engineer or land surveyor. The elevation certificate should be presented to the Plan Director at the time the owner is applying for a certificate of occupancy.
(F) General disclaimer in areas of potential flooding. In the floodplain, floodway and flood fringe areas defined in this chapter, the degree of flood protection established is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by constructed or natural causes such as ice or debris jams. This chapter does not imply that areas outside flood hazard areas as defined in this chapter shall be free of flooding or flood damage. This chapter does not create any liability on the part of the county, the Plan Commission, Indiana Department of Natural Resources, the state or any elected or appointed official or employee of them for any flood damages that result from any reliance on this chapter or any administrative decision lawfully made under it.
(G) Mapping disputes. In a case where a property owner disputes the boundaries of a zoning district, flood protection grade data or regulatory flood profile data, the owner shall file a written protest with the Plan Director. The written protest shall document the disputed area, and be prepared and attested to by a registered professional engineer. The protest then will be submitted by the Plan Director to the Plan Commission. The item of dispute will be brought to the attention of the Indiana Department of Natural Resources, and in no case will such data be revised without the written approval of the Indiana Department of Natural Resources.
(H) Basis for establishing a Floodplain District. The FLOODPLAIN DISTRICT is defined as that area shown as the regulatory flood or identified as the special flood hazard area (SFHA) on the flood hazard boundary map of Putnam County prepared by the Federal Emergency Management Agency (FEMA) and dated February 24, 1978.
(I) Abrogation and greater restrictions. This chapter repeals and replaces other ordinances adopted by the county to fulfill the requirements of the national flood insurance program. However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this chapter repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this chapter and other ordinance easements, covenants or deed restrictions conflict or overlap, whichever imposes the more restrictive restrictions shall take precedence. In addition, the county shall assure that all national flood insurance regulations (contained in 44 C.F.R. Part 60.3) and state floodplain management regulations and laws (312 I.A.C. 10-1-1 et seq.) are met.
(Ord. passed 7-20-1992)