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Title XV - LAND USAGE

Chapter 154: Zoning Code

154.38.02 ADMINISTRATION

The Director of the Department of Planning and Redevelopment, or his designee, shall implement this article and hereafter be referred to as the Director. The Director is appointed to review all development and subdivision proposals to insure compliance with this article, including but not limited to the following duties:

154.38.02.01 Ensure that all development activities within the SFHAs of the jurisdiction of the City meet the requirements of this article.

154.38.02.02 Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques.

154.38.02.03 Ensure that construction authorization has been granted by the Indiana Natural Resources Commission for all development projects subject to Section 38.05 of this article, and maintain a record of such authorization (either copy of actual permit or letter of recommendation).

154.38.02.04 Ensure that the Building Code Inspectors maintain a record of the “as-built” elevation of the top of the lowest floor (including basement) of all new and/or substantially improved buildings constructed in the SFHA. Inspect before, during and after construction.

154.38.02.05 Ensure that the Building Code Inspectors maintain a record of the engineer’s certificate and the “as built” flood proofed elevation of all buildings subject to 154.38.06.

154.38.02.06 Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this article. Submit reports as required for the National Flood Insurance Program.

154.38.02.07 Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits and letters of recommendation, federal permit documents, and “as built” elevation and flood proofing data for all buildings constructed subject to this article.

154.38.02.08 Notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA. (Ord. 46-2002)

154.38.03 REGULATORY FLOOD ELEVATION

This article’s protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Department of Natural Resources for review and approval.

154.38.03.01 The regulatory flood elevation and floodway limits for the SFHAs of the East Fork of the Whitewater River and Clear Creek, Short Creek, Elkhorn Creek, Lick Creek, South Richmond Ditch and Nolands Fork shall be as delineated on the 100 year flood profile in the Flood Insurance Study of the City dated February 16, 1982 and the corresponding FBFM dated February 16, 1982 prepared by the Federal Emergency Management Agency.

154.38.03.02 The regulatory flood elevation for each SFHA delineated as an “AH Zone” or “AO Zone” shall be that elevation (or depth) delineated on the Flood Insurance Rate Map of the City.

154.38.03.03 The regulatory Flood Elevation for each of the remaining SFHAs delineated as an “A Zone” on the Flood Insurance Rate Map of the City shall be according to the best data available as provided by the Department of Natural Resources.

154.38.03.04 The regulatory flood elevation and floodway limits for the SFHAs of those parts of unincorporated Wayne County that are within the extraterritorial jurisdiction of the City or that may be annexed into the City shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of Wayne County dated March 2, 1982 and the corresponding FBFM dated September 2, 1982 prepared by the Federal Emergency Management Agency.

154.38.03.05 If the SFHA is delineated as “AH Zone or AO Zone,” the elevation (or depth) will be delineated on the County Flood Insurance Rate Map. If the SFHA is delineated as “Zone A” on the County Flood Insurance Rate Map, the regulatory flood elevation shall be according to the best data available as provided by the Department of Natural Resources.

154.38.04 IMPROVEMENT LOCATION PERMIT

No person, firm, corporation, or governmental body not exempted by state law shall commence any “development” in the SFHA without first obtaining an Improvement Location Permit from the Director. The Director shall not issue an Improvement Location Permit if the proposed “development” does not meet the requirements of this article.

154.38.04.01 The application for an Improvement Location Permit shall be accompanied by the following:

(a) A description of the proposed development.

(b) Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams.

(d) A site development plan showing existing and proposed development locations and existing and proposed land grades.

(e) Elevation of the top of the lowest floor (including basement) of all proposed development. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum (NAVD). In either case the conversion formulas should be included.

154.38.04.02 Upon receipt of an application for an Improvement Location Permit, the Director shall determine if the site is located within an identified floodway, floodway fringe or within the floodplain where the limits of the floodway have not yet been determined.

154.38.04.03 If the site is in an identified floodway the Director shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway.

154.38.04.04 Under the provisions of I.C. 14-28-1a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the building. (Ord. 46-2002)

154.38.04.05 No action shall be taken by the Director until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Director may issue the local Improvement Location Permit, provided the provisions contained in 154.38.05 and 154.38.06 of this article have been met. The improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission.

154.38.04.06 If the site is located in an identified floodway fringe, then the Director may issue the local Improvement Location Permit provided the provisions contained in 154.38.05 and 154.38.06 of this article have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the Flood Protection Grade (FPG).

154.38.04.07 If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined (shown as Zone A on the Flood Insurance Rate Map), and the drainage area upstream of the site is greater than one square mile, the Director shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment.

154.38.04.08 No action shall be taken by the Director until either a permit for construction in the floodway or a letter of recommendation citing the 100 year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources.

154.38.04.09 Once the Director has received the proper permit or letter of recommendation approving the proposed development, an Improvement Location Permit may be issued provided the conditions of the Improvement Location Permit are not less restrictive than the conditions received from Natural Resources and the provisions contained in 154.38.05 and 154.38.06.

154.38.04.10 If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Zoning Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, floodway fringe and 100 year elevation for the site. (Ord. 46-2002)

154.38.04.11 Upon receipt, the Zoning Director may issue the local Improvement Location Permit, provided the provisions contained in Richmond Code 154.38.04.07 and 154.38.04.08. (Ord. 46-2002)

154.38.05 PREVENTING INCREASED DAMAGES

No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.

154.38.05.01 Within the floodway identified on the Flood Boundary and Floodway Map of the Flood Insurance Rate Map, the following standards shall apply:

(a) No development shall be allowed which acting alone or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood; and

(b) For all projects involving channel modifications or fill (including levees) the City shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data.

154.38.05.02 Within all SFHAs identified as A Zones (no 100 year flood elevation and/or floodway/floodway fringe delineation has been provided) the following standard shall apply:

(a) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth (0.1) of one foot and will not increase flood damages or potential flood damages.

154.38.05.03 Public Health Standards in all SFHAs

(a) No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the Flood Protection Grade, unless such materials are stored in a flood proofed storage tank or building constructed according to the requirements of 154.38.06 of this article.

(b) New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings are located above the FPG, or those which are located below the FPG are watertight.

154.38.06 PROTECTING BUILDINGS

In addition to the damage prevention requirements of 154.38.05, all buildings that are located in the SFHA shall be protected from flood damage below the FPG.

154.38.06.01 This building protection requirement applies to the following situations:

(a) Construction or placement of any new building having a floor area greater than 400 square feet; (Ord. 46-2002)

(b) Structural alterations made to:

(1) an existing (previously unaltered) building, the cost of which equals or exceeds 50% of the value of the pre-altered building (excluding the value of the land); (Ord. 46-2002)

(2) any previously altered building; (Ord. 46-2002)

(d) Reconstruction or repairs made to a damaged building that are valued at or more than 50% of the market value of the building (excluding the value of the land) before damage occurred:

(e) Installing a manufactured home on a new site or a new manufactured home on an existing site. This article does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and

(f) Installing a travel trailer or recreational vehicle on a site for more than 180 days.

154.38.06.02 This building protection requirement may be met by one of the following methods. The Director shall maintain a record of compliance with these building protection standards as required in 154.38.02 of this ordinance.

(a) A residential or nonresidential building may be constructed on a permanent land fill in accordance with the following:

(1) The fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with the Standard Proctor Test Method.

(2) The fill should extend at least ten feet beyond the foundation of the building before sloping below the FPG.

(3) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical.

(4) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.

(5) The top of the lowest floor including basements, (see definition of lowest floor in 154.38.01) shall be at or above the FPG.

(b) A residential or nonresidential building may be elevated in accordance with the following:

(1) The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation provided:

(A) Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The

bottom of all such opening shall be no higher than one (1) foot above grade.

(B) Any enclosure below the elevated floor is used for storage of vehicles and building access.

(2) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as buoyancy, current, waves, ice, and floating debris.

(3) All areas below the FPG shall be constructed of materials resistant to flood damage. The top of the lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.

(c) Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements:

(1) The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site:

(A) Outside a manufactured home park or subdivision;

(B) In a new manufactured home park or subdivision;

(D) In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.

(2) This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood.

(A) The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is

supported by reinforced piers or other foundation

elements that are no less than 36 inches in height above

grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(3) Recreational vehicles placed on a site shall either:

(A) Be on the site for less than 180 consecutive days;

(B) Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or

(d) A non-residential building may be flood proofed to the FPG (in lieu of elevating) if done in accordance with the following:

(1) A Registered Professional Engineer shall certify that the building has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice.

(2) Flood proofing measures shall be operable without human intervention and without an outside source of electricity.

154.38.07 OTHER DEVELOPMENT REQUIREMENTS

The Director shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined elsewhere by article. If the Director finds the subdivision to be so located, the Director shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Director shall require appropriate changes and modifications in order to assure that:

(a) It is consistent with the need to minimize flood damage;

(b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

(d) Onsite waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.

154.38.07.01 Developers shall record the 100 year flood elevation on all subdivision plats containing lands (identified elsewhere by this article) within a flood hazard area prior to submitting the plats for approval by the Plan Commission.

154.38.07.02 All owners of manufactured home parks or subdivisions located within the SFHA identified as Zone A on the community’s FHBM or FIRM shall develop an evacuation plan for those lots located in the SFHA and file it with the local Plan Commission and have it filed with and approved by the appropriate community emergency management authorities.

154.38.08 VARIANCES

The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this ordinance provided the applicant demonstrates that:

(a) There exists a good and sufficient cause for the requested variance;

(b) The strict application of the terms of this ordinance will constitute an exceptional hardship to the applicant, and

(c) The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.

154.38.08.01 The Board of Zoning Appeals may issue a variance to the terms and provisions of this ordinance subject to the following standards and conditions:

(a) No variance or exception for a residential use within a floodway subject to 154.38.05.01 or 154.38.05.02 of this article may be granted.

(b) Any variance or exception granted in a floodway subject to 154.38.05.01 or 154.38.05.02 of this article will require a permit from Natural Resources.

(c) Variances or exceptions to the Building Protection Standards of 154.38.06 may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.

(d) Variances or exceptions may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archeological and Cultural Sites, Structures, Districts, and Objects;

(e) All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and

(f) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums.

154.38.09 DISCLAIMER OF LIABILITY

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this article does not create any liability on the part of the community, Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this article or any administrative decision made lawfully hereunder.

154.38.10 VIOLATIONS

Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this article. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of Chapter 154 of the Richmond Code. All violations shall be punishable by a fine not exceeding three hundred ($300.00) dollars.

154.38.10.01 A separate offense shall be deemed to occur for each day the violation continues to exist.

154.38.10.02 The Director 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.

154.38.10.03 Nothing herein shall prevent the City of Richmond from taking such other lawful action to prevent or remedy any violations. All such costs connected therewith shall accrue to the person or persons responsible.

154.38.11 ABROGATION AND GREATER RESTRICTIONS

This Chapter does not repeal, abrogate, or impair any existing easement, covenants, or deed restrictions. Where this Code and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. In addition, the City of Richmond shall assure that all National Flood Insurance Program regulations (44 CFR § 60) as well as Indiana laws and regulations regarding floodplain issues (312 IAC 10, IC 14-28-1 and IC 14-28-3) are met. (Ord. 46-2002)

154.38.12 SEPARABILITY

The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. (Ord. 91-1993)

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