HomeMy Public PortalAbout004-2015 - Flood PlainCOMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA
ORDINANCE NO.4-2015
A GENERAL ORDINANCE CREATING CHAPTER 153 (ZONING OF FLOOD HAZARD AREAS AND
FLOODPLAIN MANAGEMENT) OF THE RICHMOND CITY CODE
WHEREAS, The Indiana Legislature has authorized local governmental units to control land uses within their
jurisdictions in accordance with Indiana Code (IC) 36-7-4-1 et seq.; and
WHEREAS, The City of Richmond has previously regulated land use in connection with flood hazard areas .
located within the City and has participated in the National Flood Insurance Program that allows
the residents of the City who live in flood prone areas to purchase federal flood insurance; and
WHEREAS, Previous amendments and updates to the floodplain management and zoning provisions in
compliance with the model ordinances supplied by the Indiana Department of Natural Resources
(DNR), as well as updates to the floodplain studies and maps prepared by the Federal Emergency
Management Agency (FEMA), have been incorporated into the Richmond City Code from time
to time in order that the residents of the City do not lose their flood insurance (see Resolution No.
4-1975, Ordinance No. 26-1982, Ordinance No. 91-1993, and Ordinance No. 46-2002 previously
passed by Richmond Common Council) and in order that the City does not lose its ability to
participate in the National Flood Insurance Program; and
WHEREAS, The City's current Unified Development Ordinance (UDO) contains the outdated model
floodplain zoning and management provisions and those provisions, as well as the updated
FEMA studies and maps that take effect on April 2, 2015, have now been updated and provided
by the DNR; and
WHEREAS, It is in the best interest of the City of Richmond, Indiana, that a new Chapter 153 to the
Richmond City Code should be created which will set forth the updated DNR model provisions in
connection with the zoning and management of flood hazard areas.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that a new
Chapter of the Richmond City Code is enacted as follows:
Chapter 153: ZONING OF FLOOD HAZARD AREAS AND FLOODPLAIN MANAGEMENT
Article 1. Statutory Authorization, Findings of Fact, Purpose, and Objectives.
Section A. Statutory Authorization.
The Indiana Legislature has in IC 36-7-4 granted the power to local government units to control land use
within their jurisdictions. Therefore, the Common Council of the City of Richmond does hereby adopt the
following floodplain management regulations.
Section B. Findings of Fact.
(1) The flood hazard areas of the City of Richmond 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, inadequately,
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.
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or
which may increase flood hazards to other lands.
(6) Make federal 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.
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 its 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 Al-A30,
Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM. 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.
Zone AE and Al-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. (Zone AE is
on new and revised maps in place of Zones Al-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.
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.
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.
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.
Accessory structure (appurtenant structure) means a structure with a floor area 400 square feet or less
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.
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.
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 means the flood having a one percent chance of being equaled or exceeded in any given year.
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.
Boundary River means the part of the Ohio River that forms the boundary between Kentucky and Indiana.
Boundary River Floodway means the floodway of a boundary river.
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.
D Zone means unstudied areas where flood hazards are undetermined, but flooding is possible. Flood
insurance is available in participating communities but is not required by regulation in this zone.
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.
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.
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.
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 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")
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.
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 structures means any structures 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
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 Final Determination (LFD) means a letter issued by FEMA during the mapping update process
which establishes final elevations and provides the new flood map and flood study to the community. The
LFD initiates the six-month adoption period. The community must adopt or amend its floodplain
management regulations during this six-month period unless the community has previously incorporated an
automatic adoption clause.
Letter of Map Change (LOMC) is a general term used to refer to the several types of revisions and
amendments to FEMA maps that can be accomplished by letter. They include Letter of Map Amendment
(LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision based on Fill (LOMR-F). The
definitions are presented below:
Letter of Map Amendment (LOMA) means an amendment by letter to the currently effective FEMA
map that establishes that a property is not located in a SFHA through the submittal of property specific
elevation data. 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 elevation described among 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; if a structure has more
than one enclosed area, each shall have openings on exterior walls;
b) the total net area of all openings shall be at least 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,
c) 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 lots for rent or sale.
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 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 twofold: 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.
Non -boundary river floodway means the floodway of any river or stream other than a boundary river.
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 -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".
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.
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 for which the cost of repairs at the time of each such flood event, on the average, equaled or
exceeded 25% of the market value of the structure before the damage occurred.
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 jurisdiction of the City subject to
inundation by the regulatory flood. The SFHAs of the City of Richmond are generally identified as such on
the Wayne County, Indiana and Incorporated Areas Flood Insurance Rate Map dated April 2, 2015 as well
as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency
with the most recent date. (These areas are shown on a FIRM as Zone A, AE, All- 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 its before -damaged condition would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
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.
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 less than 0.2 percent.
Zone means a geographical area shown on a 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
Richmond.
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.
(1) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the
jurisdiction of the City of Richmond shall be as delineated on the one -percent annual chance flood
profiles in the Flood Insurance Study of Wayne County, Indiana and Incorporated Areas and the
corresponding Flood Insurance Rate Map dated April 2, 2015 as well as any future updates,
amendments, or revisions, prepared by the Federal Emergency Management Agency with the most
recent date.
(2) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the
jurisdiction of the City of Richmond, delineated as an "A Zone" on the Wayne County, Indiana and
Incorporated Areas Flood Insurance Rate Map dated April 2, 2015 as well as any future updates,
amendments, or revisions, prepared by the Federal Emergency Management Agency with the most
recent date, 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. Whenever a party disagrees with the best available data, the party needs to replace
existing data with better data that meets current engineering standards. To be considered, this data
must be submitted to the Indiana Department of Natural Resources for review and subsequently
approved.
(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 shalt 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.
(4) Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet
effective) mapping/study shall be utilized for permitting and construction (development) purposes,
replacing all previously effective less restrictive flood hazard data provided by FEMA.
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 and not
located within the floodway, that site shall be considered outside the SFHA and the floodplain
regulations will not be applied. The property owner shall 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.
(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 Richmond, 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 1. 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 Richmond. All violations shall be punishable by a fine not
exceeding $2500.00 for the first violation and not less than $50.00 or higher than $7,500 for the second or
subsequent violations according to IC 36-1-3-8.
(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.
Article 4. Administration,
Section A. Designation of Administrator.
The Common Council of the City of Richmond hereby appoints the City Engineer 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.
b) Location of the proposed development sufficient to accurately locate property and structure(s) 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 planned lowest floor (including basement) of all proposed buildings.
Elevation should be in NAVD 88 or NGVD.
f) Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed.
g) Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development. A hydrologic and hydraulic engineering study is required and any
watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map
Revision. (See Article 4, Section C. (6) for additional information.)
(2) Construction Stage.
Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall
be the duty of the applicant to submit to the Floodplain Administrator a certification of the NAVD 88
or NGVD elevation of the lowest floor, 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. The Floodplain Administrator shall review the lowest floor elevation survey data submitted.
The applicant 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. Any work undertaken prior to submission of the
elevation certification shall be at the applicant's risk.
Upon establishment of the floodproofed elevation of a floodproofed structure, it shall be the duty of
the applicant to submit to the Floodplain Administrator a floodproofing certificate. Certification shall
be prepared by or under the direct supervision of a registered professional engineer and certified by
same. (The Floodplain Administrator shall review the floodproofing certification submitted.) The
applicant shall correct any deficiencies detected by such review before any further work is allowed to
proceed. Failure to submit the floodproofing certification or failure to make correction required shall
be cause to issue a stop -work order for the project.
(3) Finished Construction.
Upon completion of construction, an elevation certification which depicts the "as -built" lowest floor
elevation is required to be submitted to the Floodplain Administrator. If the project includes a
floodproofing measure, floodproofing certification is required to be submitted by the applicant to the
Floodplain Administrator.
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 are not 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.
(3) 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 pennit/authorization 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/authorizations are to be maintained on file
with the floodplain development permit.
(5) Maintain and track permit records involving additions and improvements to residences located in the
floodway.
(6) 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.
(7) 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
Change (LOMC), copies of DNR permits, letters of authorization, 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) Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by
FEMA for the currently effective SFHA maps of the community.
(9) Assure that maintenance is provided within the altered or relocated portion of said watercourse so
that the flood -carrying capacity is not diminished.
(10) Review certified plans and specifications for compliance.
(11) 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.
(12) Verify and record the actual elevation to which any new or substantially improved structures
have been floodproofed in accordance with Article 4, Section B.
(13) 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.
(14) 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.
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 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.
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 structure having a floor area greater than 400 square feet.
b) Addition or improvement made to any existing structure 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).
c) Reconstruction or repairs made to a damaged structure where the costs of restoring the
structure to its 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.
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.
g) Addition or improvement made to any existing structure with a previous addition or improvement
constructed since the community's first floodplain ordinance.
(2) Residential Structures. 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 Structures. 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 (12).
b) Floodprooflng 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) 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).
e) The interior portion of such enclosed area shall not be partitioned or finished into separate
rooms.
f) The interior grade of such enclosed area shall be at an elevation at or higher than the exterior
grade.
(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. The
results of the test showing compliance shall be retained in the permit file.
b) The fill shall extend 10 feet beyond the foundation of the structure before sloping below the BFE.
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) These requirements apply to all manufactured homes to be placed on a site outside a
manufactured home park or subdivision; in a new manufactured home park or subdivision; in an
expansion to an existing manufactured home park or subdivision; or in an existing manufactured
home park or subdivision on which a manufactured home has incurred "substantial damage" as
a result of a flood:
(i) 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.
(ii) Fully enclosed areas formed by foundation and other exterior walls below the FPG 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 as required for
elevated structures in Article 5, Section B. 4.
(iii) Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured
home are not required to have openings.
b) These requirements apply 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:
(i) 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.
(ii) Fully enclosed areas formed by foundation and other exterior walls below the FPG 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 as required for
elevated structures in Article 5, Section B. 4.
(iii) Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured
home are not required to have openings.
c) Recreational vehicles placed on a site shall either:
(i) be on site for less than 180 days;
(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.
(7) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for
accessory structures. Such structures must meet the following standards:
a) Shall not be used for human habitation.
b) Shall be constructed of flood resistant materials.
c) Shall be constructed and placed on the lot to offer the minimum resistance to the flow of
floodwaters.
d) Shall be firmly anchored to prevent flotation.
e) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or
above the FPG.
f) Shall be designed to allow for the entry and exit of floodwaters to automatically equalize
hydrostatic flood forces on exterior walls as required for elevated structures in Article 5, Section
B. 4.
(8) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall
be anchored to prevent flotation or lateral movement.
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 (50) lots or five (5) 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 a non -substantial addition/ improvement to a
residence 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 for the fill is required from the Indiana Department of Natural Resources.)
No action shall be taken by the Floodplain Administrator until a permit or letter of authorization (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 or letter of authorization 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,
that will adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse affect
is defined as an increase in the elevation of the regulatory flood of at least fifteen -hundredths (0.15) of a foot
as determined by comparing the regulatory flood elevation under the project condition to that under the
natural or pre-floodway condition as proven with hydraulic analyses.
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 per mapping
standard regulations found at 44 CFR § 65.12.
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 (including letters of authorization) 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
(including letters of authorization) 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.
(3) The total cumulative effect of the proposed development, when combined with all other existing and
anticipated development, shall not increase the regulatory flood more than 0.14 of one foot and shall
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 Wayne
County Circuit Court.
Section C. Variance Procedures.
In passing upon such applications, the board 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 of the facility to 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:
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.
(3) 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 lots with existing structures constructed below the flood protection grade.
(5) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(6) 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.
(7) Any applicant to whom a variance is granted shall be given written notice specifying the difference
between the Flood Protection Grade 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 that allows the lowest floor of a structure to be built below the
flood protection grade 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 flood protection grade 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 flood protection grade 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.
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.
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. Supplement to the City's Unified Development Ordinance.
This ordinance is intended to supplement the City of Richmond Unified Development Ordinance (UDO).
This ordinance is not intended to supersede the LIDO except to the extent that the outdated model floodplain
zoning and management provisions are removed and the updated provisions are incorporated into the new
Chapter 153 as set forth within this ordinance.
Article 9. Effective Date.
This ordinance shall be in full force and effect on April 2, 2015. (Ordinance No. 4-2015)
Passed and adopted this day of , 2015, by the Common Council of the City of
Richmond, Indiana.
4'"PA , President
(Dr. Ronald Oler)
ATTST: erk��
(Karen Chasteen, IAMC, MMC)
PRESENTED to the Mayor of the City of Richmond, Indiana, this --? day of J-�-44� 5.
City Clerk
(Karen Chasteen, IAMC, MMC)
APP VED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this ,-? day of
2015, at o'clock m.
t d >Y �- , Mayor
(Sarah L. Hutton)
ATTES �,L1 � k
(Karen Chasteen, IAMC, MMC)