HomeMy Public PortalAbout046-2002 - General Ordinance - Amends Chapter 154 of the city Code (flooding) ORDINANCE NO. 46 - 2002
A GENERAL ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 154 OF THE CITY OF RICHMOND CODE REGARDING FLOODING
WHEREAS, Chapter 154 of Richmond Code regulates zoning within the City; and
WHEREAS, Chapter 154 includes provisions governing construction in flood plains, which provisions must be updated in order to comply with Indiana Administrative Code (312 IAC 10).
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that Chapter 154 of the City of Richmond Code is hereby amended to read as follows:
1. 154.38.01.02 “DEVELOPMENT” – Any man-made change to improved or unimproved real estate including but not limited to:
(a) Construction, reconstruction, or placement of a building or any addition to a building;
2. 154.38.01.24 “SUBSTANTIAL IMPROVEMENT” – Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred ”substantial damage” regardless
of the actual repair work performed. 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”.
3. 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.
4. 154.38.04.04 Under the provisions of I.C. 14-28-1 a 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.
5. 154.38.04.10 If the site is in an identified flood plain 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.
6. 154.38.04.11 Upon receipt, the Zoning director may issue the local Improvement Location Permit, provided the provisions contained in Richmond Code 154.38.04.07and 154.38.04.08.
7. 154.38.06.01 Th
is 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.
(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);
2. any previously altered building;
8. 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.
Passed and adopted this 5th day of August, 2002, by the Common Council of the City of Richmond, Indiana.
s/s Bruce Wissel, President
(Bruce Wissel)
Attest: s/s Norma Schroeder, City Clerk
(Norma Schroeder)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 6th day of August, 2002,
at 9:00 a.m.
s/s Norma Schroeder, City Clerk
(Norma Schroeder)
APPROVED by me, Shelley D. Miller, Mayor of the City of Richmond, Indiana, this 6th day of August, 2002 , at 9:05 a.m.
s/s Shelley D. Miller, Mayor
(Shelley D. Miller)
ATTEST: s/s Norma Schroeder, City Clerk
(Norma Schroeder)