HomeMy Public PortalAbout2012-04 - FLOOD HAZARD AREASArticle 1. Statutory Authorization, Findings of Fact, Purpose, and Objectives.
Section A. Statutory Authorization.
The Indiana Legislature has in IC 36 -7 -4 and IC 14 -28 -4 granted the power to local government units to
control and use within their jurisdictions. Therefore, the City Council of the City of Greencastle does
hereby adopt the following floodplain management regulations.
Section B. Findings of Fact.
(1) The flood hazard areas of the City of Greencastle are subject to periodic inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses
vulnerable to floods or hazardous to other lands which are inadequately elevated, flood- proofed, or
otherwise unprotected from flood damages.
Section C. Statement of Purpose.
It is the purpose of this ordinance to promote the public health, safety, and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or
erosion hazards, which result in damaging increases in erosion or in flood heights or
velocities.
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction.
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers
which are involved in the accommodation of flood waters.
(4) Control filling, grading, dredging, and other development which may increase erosion or flood
damage.
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Ordinance for Flood Hazard Areas for the City of Greencastle
Ordinance No. 4
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters
or which may increase flood hazards to other lands.
(6) Make federally subsidized flood insurance available for structures and their contents in the
City by fulfilling the requirements of the National Flood Insurance Program.
Section D. Objectives.
The objectives of this ordinance are:
(1) To protect human life and health.
(2) To minimize expenditure of public money for costly flood control projects.
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public.
(4) To minimize prolonged business interruptions.
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, and sewer lines, streets, and bridges located in floodplains.
(6) To help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize flood blight areas.
(7) To ensure that potential homebuyers are notified that property is in a flood area.
Article 2. Definitions.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to
give them the meaning they have in common usage and to give this ordinance it's most reasonable
application.
A zone means portions of the SFHA in which the principal source of flooding is runoff from rainfall,
snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are
usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30,
Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM or FHBM. The definitions are presented below:
Zone A: Areas subject to inundation by the one - percent annual chance flood event. Because
detailed hydraulic analyses have not been performed, no base flood elevation or depths are
shown. Mandatory flood insurance purchase requirements apply.
Zone AE and A1-A30: Areas subject to inundation by the one - percent annual chance flood event
determined by detailed methods. Base flood elevations are shown within these zones.
Mandatory flood insurance purchase requirements apply. (Zone AE is on new and revised maps
in place of Zones A1-A30.)
Zone AO. Areas subject to inundation by one - percent annual chance shallow flooding (usually
sheet flow on sloping terrain) where average depths are between one and three feet. Average
flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory
flood insurance purchase requirements apply.
Zone AH: Areas subject to inundation by one - percent annual chance shallow flooding (usually
areas of ponding) where average depths are between one and three feet. Average flood depths
derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance
purchase requirements apply.
Zone AR: Areas that result from the decertification of a previously accredited flood protection
system that is determined to be in the process of being restored to provide base flood protection.
Mandatory flood insurance purchase requirements apply.
Zone A99: Areas subject to inundation by the one - percent annual chance flood event, but which
will ultimately be protected upon completion of an under - construction Federal flood protection
system. These are areas of special flood hazard where enough progress has been made on the
construction of a protection system, such as dikes, dams, and levees, to consider it complete for
insurance rating purposes. Zone A99 may only be used when the flood protection system has
reached specified statutory progress toward completion. No base flood elevations or depths are
shown. Mandatory flood insurance purchase requirements apply.
Accessory structure (appurtenant structure) means a structure that is located on the same parcel of
property as the principal structure and the use of which is incidental to the use of the principal structure.
Accessory structures should constitute a minimal initial investment, may not be used for human
habitation, and be designed to have minimal flood damage potential. Examples of accessory structures
are detached garages, carports, storage sheds, pole barns, and hay sheds.
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Addition (to an existing structure) means any walled and roofed expansion to the perimeter of a structure
in which the addition is connected by a common load- bearing wall other than a firewall. Any walled and
roofed addition, which is connected by a firewall or is separated by independent perimeter load- bearing
walls, is new construction.
Appeal means a request for a review of the floodplain administrator's interpretation of any provision of
this ordinance or a request for a variance.
Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate
Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
Base Flood Elevation (BFE) means the elevation of the one - percent annual chance flood.
Basement means that portion of a structure having its floor sub -grade (below ground level) on all sides
Building - see "Structure,"
Community means a political entity that has the authority to adopt and enforce floodplain ordinances for
the area under its jurisdiction.
Community Rating System (CRS) means a program developed by the Federal Insurance Administration
to provide incentives for those communities in the Regular Program that have gone beyond the minimum
floodplain management requirements to develop extra measures to provide protection from flooding.
Critical facility means a facility for which even a slight chance of flooding might be too great. Critical
facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency
response installations, installations which produce, use or store hazardous materials or hazardous waste.
Development means any man -made change to improved or unimproved real estate including but not
limited to:
(1) construction, reconstruction, or placement of a structure or any addition to a structure;
(2) 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;
(3) installing utilities, erection of walls and fences, construction of roads, or similar projects;
(4) construction of flood control structures such as levees, dikes, dams, channel improvements,
etc.,
(5) mining, dredging, filling, grading, excavation, or drilling operations;
(6) construction and /or reconstruction of bridges or culverts;
(7) storage of materials; or
(8) any other activity that might change the direction, height, or velocity of flood or surface waters.
"Development" 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.
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Elevated structure means a non - basement structure built to have the lowest floor elevated above the
ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called
chain walls), pilings, or columns (posts and piers)
Elevation Certificate is a certified statement that verifies a structure's elevation information.
Emergency Program means the first phase under which a community participates in the NFIP. It is
intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that
community before the effective date of the initial FIRM.
Encroachment means the advance or infringement of uses, fill, excavation, buildings, permanent
structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Existing Construction means any structure for which the "start of construction" commenced before the
effective date of the community's first floodplain ordinance.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the community's first
floodplain ordinance.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads).
FEMA means the Federal Emergency Management Agency.
Five - hundred year flood (500 -year flood) means the flood that has a 0.2 percent chance of being
equaled or exceeded in any year.
Flood means a general and temporary condition of partial or complete inundation of normally dry land
areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any
source.
Flood Boundary and Floodway Map (FBFM) means an official map on which the Federal Emergency
Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood
hazards and regulatory floodway
Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by FEMA, where
the boundaries of the areas of special flood hazard have been identified as Zone A.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has
delineated both the areas of special flood hazard and the risk premium zones applicable to the
community.
Flood Insurance Study (FIS) is the official hydraulic and hydrologic report provided by FEMA. The
report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface
elevation of the base flood.
Flood Prone Area means any land area acknowledged by a community as being susceptible to
inundation by water from any source. (See "Flood ")
Flood Protection Grade (FPG) is the elevation of the regulatory flood plus two feet at any given location
in the SFHA. (see "Freeboard ")
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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.
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where possible, natural resources in
the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
Floodplain management regulations means this ordinance and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances, and other applications of
police power which control development in flood -prone areas. This term describes federal, state, or local
regulations in any combination thereof, which provide standards for preventing and reducing flood loss
and damage. Floodplain management regulations are also referred to as floodplain regulations,
floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements.
Floodproofing (dry floodproofing) is a method of protecting a structure that ensures that the structure,
together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation
with walls that are substantially impermeable to the passage of water. All structural components of these
walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of
buoyancy, and anticipated debris impact forces.
Floodproofing certificate is a form used to certify compliance for non - residential structures as an
alternative to elevating structures to or above the FPG. This certification must be by a Registered
Professional Engineer or Architect.
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.
Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the
purposes of floodplain management. It is used to compensate for the many unknown factors that could
contribute to flood heights greater than those calculated for the base flood.
Fringe is those portions of the floodplain lying outside the floodway.
Functionally dependent facility means a facility which cannot be used for its intended purpose unless it
is located or carried out in close proximity to water, such as a docking or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities.
The term does not include long -term storage, manufacture, sales, or service facilities.
Hardship (as related to variances of this ordinance) means the exceptional hardship that would result
from a failure to grant the requested variance. The Board of Zoning Appeals requires that the variance is
exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is
NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or
the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of
these problems can be resolved through other means without granting a variance, even if the alternative
is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use
than originally intended.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of
construction, next to the proposed walls of a structure.
Historic structure means any structure individually listed on the National Register of Historic Places or
the Indiana State Register of Historic Sites and Structures.
Increased Cost of Compliance (ICC) means the cost to repair a substantially damaged structure that
exceeds the minimal repair cost and that is required to bring a substantially damaged structure into
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compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are
elevation, relocation, demolition, or any combination thereof. All renewal and new business flood
insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.
Letter of Map Amendment (LOMA) means an amendment to the currently effective FEMA map that
establishes that a property is not located in a SFHA. A LOMA is only issued by FEMA.
Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map. It is
issued by FEMA and changes flood zones, delineations, and elevations.
Letter of Map Revision Based on Fill (LOMR -F) means an official revision by letter to an effective NFIP
map. A LOMR -F provides FEMA's determination concerning whether a structure or parcel has been
elevated on fill above the BFE and excluded from the SFHA.
Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground,
sidewalk, patio, deck support, or basement entryway immediately next to the structure.
Lowest floor means the lowest of the following:
(1) the top of the lowest level of the structure;
(2) the top of the basement floor;
(3) the top of the garage floor, if the garage is the lowest level of the structure;
(4) the top of the first floor of a structure elevated on pilings or pillars;
(5) the top of the floor level of any enclosure, other than a basement, below an elevated structure
where the walls of the enclosure provide any resistance to the flow of flood waters unless:
a). the walls are designed to automatically equalize the hydrostatic flood forces on the walls
by allowing for the entry and exit of flood waters by providing a minimum of two openings (in
addition to doorways and windows) in a minimum of two exterior walls having a total net area of
one (1) square inch for every one square foot of enclosed area. The bottom of all such
openings shall be no higher than one (1) foot above the exterior grade or the interior grade
immediately beneath each opening, whichever is higher; and,
b). such enclosed space shall be usable solely for the parking of vehicles and building access.
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two
or more manufactured home Tots for rent or sale.
Map amendment means a change to an effective NFIP map that results in the exclusion from the SFHA of
an individual structure or a legally described parcel of land that has been inadvertently included in the
SFHA (i.e., no alterations of topography have occurred since the date of the first NFIP map that showed the
structure or parcel to be within the SFHA).
Map panel number is the four -digit number followed by a letter suffix assigned by FEMA on a flood map.
The first four digits represent the map panel, and the letter suffix represents the number of times the map
panel has been revised. (The letter "A" is not used by FEMA, the letter "B" is the first revision.)
Market value means the building value, excluding the land (as agreed to between a willing buyer and
seller), as established by what the local real estate market will bear. Market value can be established by
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independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or
adjusted assessed values.
Mitigation means sustained actions taken to reduce or eliminate long -term risk to people and property
from hazards and their effects. The purpose of mitigation is two fold: to protect people and structures, and
to minimize the cost of disaster response and recovery.
National Flood Insurance Program (NFIP) is the federal program that makes flood insurance available to
owners of property in participating communities nationwide through the cooperative efforts of the Federal
Government and the private insurance industry.
National Geodetic Vertical Datum (NGVD) of 1929 as corrected in 1929 is a vertical control used as a
reference for establishing varying elevations within the floodplain.
New construction means any structure for which the "start of construction" commenced after the effective
date of the community's first floodplain ordinance.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after the effective date of the community's first
floodplain ordinance.
North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used
as a reference for establishing varying elevations within the floodplain.
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment,
protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter,
impede, retard or change the direction and /or velocity of the flow of water; or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
One - hundred year flood (100 -year flood) is the flood that has a one percent (1 %) chance of being
equaled or exceeded in any given year Any flood zone that begins with the letter A is subject to the one -
percent annual chance flood. See "Regulatory Flood ".
One - percent annual chance flood is the flood that has a one percent (1 %) chance of being equaled or
exceeded in any given year. Any flood zone that begins with the letter A is subject to the one - percent
annual chance flood. See "Regulatory Flood ".
Participating community is any community that voluntarily elects to participate in the NFIP by adopting
and enforcing floodplain management regulations that are consistent with the standards of the NFIP.
Physical Map Revision (PMR) is an official republication of a community's FEMA map to effect changes to
base (1- percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways,
and planimetric features. These changes typically occur as a result of structural works or improvements,
annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.
Post -FIRM construction means construction or substantial improvement that started on or after the
effective date of the initial FIRM of the community or after December 31, 1974, whichever is later.
Pre -FIRM construction means construction or substantial improvement, which started on or before
December 31, 1974, or before the effective date of the initial FIRM of the community, whichever is later.
Probation is a means of formally notifying participating communities of violations and deficiencies in the
administration and enforcement of the local floodplain management regulations.
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Public safety and nuisance means anything which is injurious to the safety or health of an entire
community, neighborhood or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
Recreational vehicle means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less
when measured at the largest horizontal projections; (3) designed to be self - propelled or permanently
towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as
quarters for recreational camping, travel, or seasonal use.
Regular program means the phase of the community's participation in the NFIP where more
comprehensive floodplain management requirements are imposed and higher amounts of insurance are
available based upon risk zones and elevations determined in a FIS.
Regulatory flood means the flood having a one percent (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 Article 3 (B) of this ordinance. The "Regulatory
Flood" is also known by the term "Base Flood ", "One- Percent Annual Chance Flood ", and "100 -Year
Flood ".
Repetitive loss means flood- related damages sustained by a structure on two separate occasions during
a 10 -year period ending on the date of the event for which the second claim is made, in which the cost of
repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the
structure at the time of each such flood event.
Section 1316 is that section of the National Flood Insurance Act of 1968, as amended, which states that
no new flood insurance coverage shall be provided for any property that the Administrator finds has been
declared by a duly constituted state or local zoning authority or other authorized public body to be in
violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict
land development or occupancy in flood -prone areas.
Special Flood Hazard Area (SFHA) means those lands within the jurisdictions of the City subject to
inundation by the regulatory flood. The SFHAs of the City of Greencastle are generally identified as such
on the Putnam County, Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the
Federal Emergency Management Agency, dated June 5, 2012. (These areas are shown on a FHBM or
FIRM as Zone A, AE, Al- A30, AH, AR, A99, or AO).
Start of construction includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction of
a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a
basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building
Structure means a structure that is principally above ground and is enclosed by walls and a roof. The
term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term
also includes recreational vehicles to be installed on a site for more than 180 days.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
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Substantial improvement means 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 "repetitive
loss" or "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 ".
Suspension means the removal of a participating community from the NFIP because the community
has not enacted and/or enforced the proper floodplain management regulations required for
participation in the NFIP.
Variance is a grant of relief from the requirements of this ordinance, which permits construction in a
manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary
hardship.
Violation means the failure of a structure or other development to be fully compliant with this ordinance.
A structure or other development without the elevation, other certification, or other evidence of
compliance required in this ordinance is presumed to be in violation until such time as that
documentation is provided.
Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over
which waters flow at least periodically. Watercourse includes specifically designated areas in which
substantial flood damage may occur.
Water surface elevation means the height, in relation to the North American Vertical Datum of 1988
(NAVD 88) or National Geodetic Vertical Datum of 1929 (NGVD) (other datum where specified) of floods
of various magnitudes and frequencies in the floodplains of riverine areas.
X zone means the area where the flood hazard is less than that in the SFHA. Shaded X zones shown
on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2
percent chance of being equaled or exceeded (the 500 -year flood). Unshaded X zones (C zones on
older FIRMs) designate areas where the annual exceedance probability of flooding is Tess than 0.2
percent.
Zone means a geographical area shown on a FHBM or FIRM that reflects the severity or type of
flooding in the area.
Zone A (see definition for A zone)
Zone B, C, and X means areas identified in the community as areas of moderate or minimal hazard
from the principal source of flood in the area. However, buildings in these zones could be flooded by
severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is
available in participating communities but is not required by regulation in these zones. (Zone X is used
on new and revised maps in place of Zones B and C.)
Article 3. General Provisions.
Section A. Lands to Which This Ordinance Applies.
This ordinance shall apply to all SFHAs and known flood prone areas within the jurisdiction of the City of
Greencastle.
Section B. Basis for Establishing Regulatory Flood Data.
This ordinance'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
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engineering study needs to replace existing data with better data and submit it to the Indiana Department
of Natural Resources for review and approval.
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the
jurisdiction of the City of Greencastle shall be as delineated on the one - percent annual chance
flood profiles in the Flood Insurance Study of Putnam County, Indiana and Incorporated Areas
and the corresponding Flood Insurance Rate Map prepared by the Federal Emergency
Management Agency and dated June 5, 2012.
(2) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the
jurisdiction of the City of Greencastle, delineated as an "A Zone" on the Putnam County,
Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the Federal
Emergency Management Agency and dated June 5, 2012, shall be according to the best data
available as provided by the Indiana Department of Natural Resources; provided the upstream
drainage area from the subject site is greater than one square mile.
(3) In the absence of a published FEMA map, or absence of identification on a FEMA map, the
regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's
known flood prone areas shall be according to the best data available as provided by the
Indiana Department of Natural Resources; provided the upstream drainage area from the
subject site is greater than one square mile.
Section C. Establishment of Floodplain Development Permit.
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance
prior to the commencement of any development activities in areas of special flood hazard.
Section D. Compliance.
No structure shall hereafter be located, extended, converted or structurally altered within the SFHA
without full compliance with the terms of this ordinance and other applicable regulations. No land or
stream within the SFHA shall hereafter be altered without full compliance with the terms of this ordinance
and other applicable regulations.
Section E. Abrogation and Greater Restrictions.
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section F. Discrepancy between Mapped Floodplain and Actual Ground Elevations.
(1) In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and
the actual ground elevations, the elevation provided on the profiles shall govern.
(2) If the elevation of the site in question is below the base flood elevation, that site shall be
included in the SFHA and regulated accordingly.
(3) If the elevation (natural grade) of the site in question is above the base flood elevation, that site
shall be considered outside the SFHA and the floodplain regulations will not be applied. The
property owner should be advised to apply for a LOMA.
Section G. Interpretation.
In the interpretation and application of this ordinance all provisions shall be:
(1) Considered as minimum requirements.
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(2) Liberally construed in favor of the governing body.
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Section H. Warning and Disclaimer of Liability.
The degree of flood protection required by this ordinance 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 ordinance does not create any liability
on the part of the City of Greencastle, the Indiana Department of Natural Resources, or the State of
Indiana, for any flood damage that results from reliance on this ordinance or any administrative decision
made lawfully thereunder.
Section I. Penalties for Violation.
Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements
of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this
ordinance. All violations shall be considered a common nuisance and be treated as such in accordance
with the provisions of the Zoning Code for the City of Greencastle. All violations shall be punishable by a
fine not exceeding $100.00.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The Floodplain Administrator 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.
(3)
Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy
any violations. All costs connected therewith shall accrue to the person or persons responsible.
Section J. Increased Cost of Compliance (ICC).
In order for buildings to qualify for a claim payment under ICC coverage as a "repetitive loss structure ",
the National Reform Act of 1994 requires that the building be covered by a contract for flood insurance
and incur flood - related damages on two occasions during a 10 -year period ending on the date of the
event for which the second claim is made, in which the cost of repairing the flood damage, on the
average, equaled or exceeded 25 percent of the market value of the building at the time of each such
flood event.
Article 4. Administration.
Section A. Designation of Administrator.
The Greencastle City Council hereby appoints the City Planner to administer and implement the
provisions of this ordinance and is herein referred to as the Floodplain Administrator.
Section B. Permit Procedures.
Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on forms
furnished by him or her prior to any development activities, and may include, but not be limited to, the
following: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of
the area in question; existing or proposed structures, earthen fill, storage of materials or equipment,
drainage facilities, and the location of the foregoing. Specifically the following information is required:
(1) Application stage.
a). A description of the proposed development.
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(3)
(5)
b). Location of the proposed development sufficient to accurately locate property and
structure in relation to existing roads and streams.
c). A legal description of the property site.
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 buildings.
Elevation should be in NAVD 88 or NGVD.
1). Elevation (in NAVD 88 or NGVD) to which any non - residential structure will be
floodproofed.
g).
(2) Construction stage.
Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
Upon placement of the lowest floor; or floodproofing, it shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the
lowest floor or floodproofed elevation, as built. Said certification shall be prepared by or under
the direct supervision of a registered land surveyor or professional engineer and certified by the
same. When floodproofing is utilized for a particular structure said certification shall be
prepared by or under the direct supervision of a professional engineer or architect and certified
by same. Any work undertaken prior to submission of the certification shall be at the permit
holders' risk. (The Floodplain Administrator shall review the lowest floor and floodproofing
elevation survey data submitted.) The permit holder shall correct deficiencies detected by such
review before any further work is allowed to proceed. Failure to submit the survey or failure to
make said corrections required hereby shall be cause to issue a stop -work order for the project.
Section C. Duties and Responsibilities of the Floodplain
Administrator.
The Floodplain Administrator and /or designated staff is hereby authorized and directed to enforce the
provisions of this ordinance. The administrator is further authorized to render interpretations of this
ordinance, which are consistent with its spirit and purpose.
Duties and Responsibilities of the Floodplain Administrator shall include, but not be limited to:
(1) Review all floodplain development permits to assure that the permit requirements of this
ordinance have been satisfied.
(2) Inspect and inventory damaged structures in the SFHA and complete substantial damage
determinations.
Ensure that construction authorization has been granted by the Indiana Department of Natural
Resources for all development projects subject to Article 5, Section E and G (1) of this
ordinance, and maintain a record of such authorization (either copy of actual permit or
floodplain analysis /regulatory assessment).
(4) Ensure that all necessary federal or state permits have been received prior to issuance of the
local floodplain development permit. Copies of such permits are to be maintained on file with
the floodplain development permit.
Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or
relocation of a watercourse, and submit copies of such notifications to FEMA.
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(6) Maintain for public inspection and furnish upon request local permit documents, damaged
structure inventories, substantial damage determinations, regulatory flood data, SFHA maps,
Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits
and floodplain analysis and regulatory assessments (letters of recommendation), federal permit
documents, and "as- built" elevation and floodproofing data for all buildings constructed subject
to this ordinance.
(
(8) Assure that maintenance is provided within the altered or relocated portion of said watercourse
so that the flood - carrying capacity is not diminished.
(9)
Utilize and enforce all Letters of Map Revision (LOMR) or Physical Map Revisions (PMR)
issued by FEMA for the currently effective SFHA maps of the community.
Verify and record the actual elevation of the lowest floor (including basement) of all new or
substantially improved structures, in accordance with Article 4 Section B.
(10) Verify and record the actual elevation to which any new or substantially improved structures
have been floodproofed in accordance with Article 4, Section B.
(11) Review certified plans and specifications for compliance.
(12) Stop Work Orders
a). Upon notice from the floodplain administrator, work on any building, structure or premises
that is being done contrary to the provisions of this ordinance shall immediately cease.
b). Such notice shall be in writing and shall be given to the owner of the property, or to his
agent, or to the person doing the work, and shall state the conditions under which work
may be resumed.
(13) Revocation of Permits
a). The floodplain administrator may revoke a permit or approval, issued under the provisions
of the ordinance, in cases where there has been any false statement or misrepresentation
as to the material fact in the application or plans on which the permit or approval was
based.
b). The floodplain administrator may revoke a permit upon determination by the floodplain
administrator that the construction, erection, alteration, repair, moving, demolition,
installation, or replacement of the structure for which the permit was issued is in violation
of, or not in conformity with, the provisions of this ordinance.
(14) Inspect sites for compliance. For all new and /or substantially improved buildings constructed
in the SFHA, inspect before, during and after construction. Authorized City officials shall have
the right to enter and inspect properties located in the SFHA.
Article 5. Provisions for Flood Hazard Reduction.
Section A. General Standards.
In all SFHAs and known flood prone areas the following provisions are required:
(1) New construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
(2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to
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ground anchors. This standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces.
(3) New construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage below the FPG.
(4) New construction and substantial improvements shall be constructed by methods and
practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other
service facilities shall be located at/above the FPG or designed so as to prevent water from
entering or accumulating within the components below the FPG. Water and sewer pipes,
electrical and telephone lines, submersible pumps, and other waterproofed service facilities
may be located below the FPG.
(6) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
(8) On -site waste disposal systems shall be located and constructed to avoid impairment to them
or contamination from them during flooding.
(9) Any alteration, repair, reconstruction or improvements to a structure that is in compliance with
the provisions of this ordinance shall meet the requirements of "new construction" as
contained in this ordinance.
(10) Any alteration, repair, reconstruction or improvement to a structure that is not in compliance
with the provisions of this ordinance, shall be undertaken only if said non - conformity is not
further extended, or replaced.
Section B. Specific Standards.
In all SFHAs, the following provisions are required:
(1) In addition to the requirements of Article 5, Section A, all structures to be located in the SFHA
shall be protected from flood damage below the FPG. This building protection requirement
applies to the following situations:
a). Construction or placement of any new structure having a floor area greater than 400 square
feet.
b). Addition or improvement made to any existing structure:
(i) where the cost of the addition or improvement equals or exceeds 50% of the value of
the existing structure (excluding the value of the land).
(ii) with a previous addition or improvement constructed since the community's first
floodplain ordinance.
c). Reconstruction or repairs made to a damaged structure where the costs of restoring the
structure to it's before damaged condition equals or exceeds 50% of the market value of
the structure (excluding the value of the land) before damage occurred.
d). Installing a travel trailer or recreational vehicle on a site for more than 180 days.
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e). Installing a manufactured home on a new site or a new manufactured home on an existing
site. This ordinance does not apply to returning the existing manufactured home to the
same site it lawfully occupied before it was removed to avoid flood damage.
f). Reconstruction or repairs made to a repetitive loss structure.
(2) Residential Construction. New construction or substantial improvement of any residential
structure (or manufactured home) shall have the lowest floor; including basement, at or above
the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be
used to elevate a structure, openings sufficient to facilitate the unimpeded movements of
floodwaters shall be provided in accordance with the standards of Article 5, Section B (4).
(3) Non - Residential Construction. New construction or substantial improvement of any
commercial, industrial, or non - residential structure (or manufactured home) shall either have
the lowest floor, including basement, elevated to or above the FPG (two feet above the base
flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter
walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements
of floodwaters shall be provided in accordance with the standards of Article 5, Section B (4).
Structures located in all "A Zones" may be floodproofed in lieu of being elevated if done in
accordance with the following:
a). A Registered Professional Engineer or Architect shall certify that the structure 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 structure design shall take
into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from
debris or ice. Such certification shall be provided to the official as set forth in Article 4,
Section C (10).
b). Floodproofing measures shall be operable without human intervention and without an
outside source of electricity.
(4) Elevated Structures. New construction or substantial improvements of elevated structures shall
have the lowest floor at or above the FPG.
Elevated structures with fully enclosed areas formed by foundation and other exterior walls
below the flood protection grade shall be designed to preclude finished living space and
designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic
flood forces on exterior walls. Designs must meet the following minimum criteria:
a). Provide a minimum of two openings located in a minimum of two exterior walls (having a total
net area of not less than one square inch for every one square foot of enclosed area).
b). The bottom of all openings shall be no more than one foot above the exterior grade or the
interior grade immediately beneath each opening, whichever is higher.
c). Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwaters in both directions.
d). Openings are to be not less than 3 inches in any direction in the plane of the wall. This
requirement applies to the hole in the wall, excluding any device that may be inserted such
as typical foundation air vent device.
e). Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles
(garage door) or limited storage of maintenance equipment used in connection with the
premises (standard exterior door) or entry to the living area (stairway or elevator).
f). The interior portion of such enclosed area shall not be partitioned or finished into separate
rooms.
Page 15 of 21
g) The interior grade of such enclosed area shall be at an elevation at or higher than the exterior
grade.
h). Where elevation requirements exceed 6 feet above the highest adjacent grade, a copy of the
legally recorded deed restriction prohibiting the conversion of the area below the lowest floor
to a use or dimension contrary to the structure's originally approved design, shall be
presented as a condition of issuance of the final Certificate of Occupancy
(5) Structures Constructed on Fill. A residential or nonresidential structure may be constructed
on a permanent land fill in accordance with the following:
a). The fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of
the maximum density obtainable with either the Standard or Modified Proctor Test method.
b). The fill should extend at least ten feet beyond the foundation of the structure before
sloping below the FPG.
c). The fill shall be protected against erosion and scour during flooding by vegetative cover,
riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than 3
horizontal to 1 vertical.
d). The fill shall not adversely affect the flow of surface drainage from or onto neighboring
properties
e). The top of the lowest floor including basements shall be at or above the FPG.
(6) Standards for Manufactured Homes and Recreational Vehicles. 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 requirements:
a). 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;
(i) outside a manufactured home park or subdivision;
(ii) in a new manufactured home park or subdivision;
(iii) in an expansion to an existing manufactured home park or subdivision; or
(iv) in an existing manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood.
b). The manufactured home shall be elevated so that the lowest floor of the manufactured
home chassis is supported by reinforced piers or other foundation elevations 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. 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.
c). Manufactured homes with fully enclosed areas formed by foundation and other exterior
walls below the flood protection grade shall be designed to preclude finished living space
and designed to allow for the entry and exit of floodwaters to automatically equalize
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hydrostatic flood forces on exterior walls as required for elevated structures in Article 5,
Section B. 4.
d). Flexible skirting and rigid skirting not attached to the frame or foundation of a
manufactured home are not required to have openings.
e). Recreational vehicles placed on a site shall either:
(i) be on site for less than 180 days; and,
(ii) 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
(iii) meet the requirements for "manufactured homes" as stated earlier in this section.
Section C. Standards for Subdivision Proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
hazards.
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed
development (including manufactured home parks and subdivisions), which is greater than the
lesser of fifty lots or five acres.
(5)
All subdivision proposals shall minimize development in the SFHA and /or limit density of
development permitted in the SFHA.
(6) All subdivision proposals shall ensure safe access into /out of SFHA for pedestrians and vehicles
(especially emergency responders).
Section D. Critical Facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative
site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or
above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into floodwaters. Access routes elevated to or above the
FPG shall be provided to all critical facilities to the extent possible.
Section E. Standards for Identified Floodways.
Located within SFHAs, established in Article 3, Section B, are areas designated as floodways. The
floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential
projectiles, and has erosion potential. If the site is in an identified floodway, the Floodplain Administrator
shall require the applicant to forward the application, along with all pertinent plans and specifications, to
the Indiana Department of Natural Resources and apply for a permit for construction in a floodway. Under
the provisions of IC 14 -28 -1 a permit for construction in a floodway from the Indiana Department of
Natural Resources 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
structure. However, it does exclude non - substantial additions /improvements to existing (lawful)
residences in a non - boundary river floodway. (IC 14- 28 -1 -26 allows construction of non - substantial
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additions/ improvements to residences in a non - boundary river floodway without obtaining a permit for
construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is
needed to elevate an addition above the existing grade, prior approval (construction in a floodway permit)
for the fill is required from the Indiana Department of Natural Resources.)
No action shall be taken by the Floodplain Administrator until a permit (when applicable) has been issued
by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once
a permit for construction in a floodway has been issued by the Indiana Department of Natural Resources,
the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions
contained in Article 5 of this ordinance have been met. The Floodplain Development Permit cannot be
less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural
Resources. However, a community's more restrictive regulations (if any) shall take precedence.
No development shall be allowed which acting alone or in combination with existing or future
development, will increase the regulatory flood more than 0.14 of one foot.
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.
Section F. Standards for Identified Fringe.
If the site is located in an identified fringe, then the Floodplain Administrator may issue the local
Floodplain Development Permit provided the provisions contained in Article 5 of this ordinance 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 FPG.
Section G. Standards for SFHAs Without Established Base Flood
Elevation and /or Floodways/Fringes.
(1) Drainage area upstream of the site is greater than one square mile:
If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been
determined, and the drainage area upstream of the site is greater than one square mile, the
Floodplain Administrator shall require the applicant to forward the application, along with all
pertinent plans and specifications, to the Indiana Department of Natural Resources for review and
comment.
No action shall be taken by the Floodplain Administrator until either a permit for construction in a
floodway or a floodplain analysis /regulatory assessment citing the one - percent annual chance flood
elevation and the recommended Flood Protection Grade has been received from the Indiana
Department of Natural Resources.
Once the Floodplain Administrator has received the proper permit for construction in a floodway or
floodplain analysis /regulatory assessment approving the proposed development, a Floodplain
Development Permit may be issued provided the conditions of the Floodplain Development Permit
are not less restrictive than the conditions received from the Indiana Department of Natural
Resources and the provisions contained in Article 5 of this ordinance have been met.
(2) Drainage area upstream of the site is less than one square mile:
If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been
determined and the drainage area upstream of the site is less than one square mile, the Floodplain
Administrator shall require the applicant to provide an engineering analysis showing the limits of the
floodplain and one - percent annual chance flood elevation for the site.
Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit,
provided the provisions contained in Article 5 of this ordinance have been met.
Page 18 of 21
(3)
The total cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the regulatory flood more than 0.14 of one foot and will
not increase flood damages or potential flood damages.
Section H. Standards for Flood Prone Areas.
All development in known flood prone areas not identified on FEMA maps, or where no FEMA published
map is available, shall meet applicable standards as required per Article 5.
Article 6. Variance Procedures.
Section A. Designation of Variance and Appeals Board.
The Board of Zoning Appeals shall hear and decide appeals and requests for variances from
requirements of this ordinance.
Section B. Duties of Variance and Appeals Board.
The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or
determination is made by the Floodplain Administrator in the enforcement or administration of this
ordinance. Any person aggrieved by the decision of the board may appeal such decision to the Putnam
County Circuit Court.
Section C. Variance Procedures.
In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations,
all relevant factors, all standards specified in other sections of this ordinance, and;
(1) The danger of life and property due to flooding or erosion damage.
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner.
(3) The importance of the services provided by the proposed facility to the community.
(4) The necessity to the facility of a waterfront location, where applicable.
(5) The availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage.
(6) The compatibility of the proposed use with existing and anticipated development,
(7) The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area.
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(9) The expected height, velocity, duration, rate of rise, and sediment of transport of the
floodwaters at the site.
(10) The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
Section D. Conditions for Variances.
(1) Variances shall only be issued when there is:
Page 19 of 21
(3)
(5)
(6)
(
a). A showing of good and sufficient cause.
b) A determination that failure to grant the variance would result in exceptional hardship.
c). A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud
or victimization of the public, or conflict with existing laws or ordinances.
(2) No variance for a residential use within a floodway subject to Article 5, Section E or Section G (1) of
this ordinance may be granted.
Any variance granted in a floodway subject to Article 5, Section E or Section G (1) of this ordinance
will require a permit from the Indiana Department of Natural Resources.
(4) Variances to the Provisions for Flood Hazard Reduction of Article 5, Section B, 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 Tots with existing structures constructed below the flood protection grade.
Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
Variances may be granted for the reconstruction or restoration of any structure individually listed on
the National Register of Historic Places or the Indiana State Register of Historic Sites and
Structures.
Any application to whom a variance is granted shall be given written notice specifying the difference
between the base flood elevation and the elevation to which the lowest floor is to be built and
stating that the cost of the flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation (See Article 6, Section E).
(8) The Floodplain Administrator shall maintain the records of appeal actions and report any variances
to the Federal Emergency Management Agency or the Indiana Department of Natural Resources
upon request (See Article 6, Section E).
Section E. Variance Notification.
Any applicant to whom a variance is granted shall be given written notice over the signature of a
community official that:
(1) The issuance of a variance to construct a structure below the base flood elevation will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage; and;
(2) Such construction below the base flood level increases risks to life and property. A copy of the
notice shall be recorded by the Floodplain Administrator in the Office of the County Recorder and
shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
The Floodplain Administrator will maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in the community's biennial report submission to the Federal
Emergency Management Agency.
Section F. Historic Structure.
Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that
the proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic
structure" and the variance is the minimum to preserve the historic character and design of the structure.
Page 20 of 21
Section G. Special Conditions.
Upon the consideration of the factors listed in Article 6, and the purposes of this ordinance, the Board of
Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further
the purposes of this ordinance.
Article 7. Severability.
If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by
any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining
portions of this Ordinance.
Article 8. Effective Date.
This ordinance repeals and replaces Ordinance 2007 -15 in its entirety, and shall take effect upon its
passage by the Common Council of the City of Greencastle.
PASSED and ADOPTED by the Com �on ^ Council of the City of Greencastle, Indiana on the
day of ` v \0. 2012.
Adam Cbhen
Mark Hammer
C / C 1
Attest:
Phyllis Rokicki
Approved and signed by me this ` day of ���
o'clock m.
Lynda R. Dunbar
Page 21 of 21
Susan V. Murray
., 2012, at