Article 18, Chapters 6-10 - Floodplain Regulations 

3-18-6 Chapter 6: Damage Prevention and Flood Protection

3-18-6-1 Preventing Increased Damages

No development shall be allowed in the floodplain which has a significant and irreversible effect, nor shall it create a damaging or potentially damaging increase in flood heights or velocity, or threat to public health and safety.

1. Within the floodway identified on the Flood Insurance Rate Map, the following standards shall apply:
1. no development shall be allowed which acting alone or in combination with existing or future similar works, will cause any increase in the elevation of the regulatory flood; and
2. for all projects involving channel modifications or fill (including levees) the community shall submit a request to the Federal Emergency Management Agency to revise the regulatory flood data.
2. Within the floodway fringe identified on the Flood Insurance Rate Map, the following standards shall apply:
1. structures shall be constructed as far from the floodway as possible, assuring all applicable building setback and separation requirements are maintained, unless it is demonstrated that an alternative location would have less of an impact on the floodplain due to a decreased need for fill and/or excavation;
2. the total cumulative effect of the proposed development, when combined with all other existing development, shall not increase the regulatory flood elevation nor increase real or potential flood damages;
3. fill material taken from within the floodplain shall offset the fill needed for an approved building project so the water storage capacity of the floodplain is not diminished; excavation of the fill shall take place in the same immediate watershed in which the building site is located; an excavated area within the floodplain shall provide for true storage of flood water but shall not be subject to ponding when not inundated by flood water; the fill shall not obstruct a drainage way leading to the floodplain;
4. fill material taken from outside of but adjacent to the floodplain shall be excavated so the finished elevation of the excavation site is below the elevation of the regulatory flood; the capacity of an area excavated in such a manner shall offset the fill needed for an approved building project so the water storage capacity of the floodplain is not diminished; excavation of the fill shall take place in the same immediate watershed in which the building site is located; the fill shall not obstruct a drainageway leading to the floodplain; the excavated area shall not be refilled;
5. fill shall be of a material deemed stable enough to remain firm and in place during periods of flooding; runoff and drainage protection shall be provided to adjacent property owners; and
6. plans depicting the areas to be excavated and filled according to (3) and/or (4) above shall be submitted by the applicant prior to the actual start of construction; once site work is complete, but prior to the actual start of construction, the applicant shall provide to the Zoning Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this article.
3. Within the floodplain as identified on the Flood Insurance Rate Maps, the following public health standards shall apply to protect the community from nuisances and hazards:
1. no development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection grade, unless such materials are stored in a storage tank or flood-proofed building constructed according to the requirements of section 3-18-6-3; and
2. new and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the flood protection grade are watertight.

3-18-6-2 Structures Affected by Building Protection Standards

In addition to damage prevention requirements of chapter 6, all buildings to be located in the floodplain shall be protected from flood damage below the flood protection grade. These building protection standards apply to the following situations:

1. construction or placement of any new structure which is valued at more than $1,000, or which is larger than 144 square feet;
2. structural alterations made to an existing building that constitute substantial improvement;
3. reconstruction or repairs made to a building that experienced substantial damage. Any structure receiving substantial damage immediately becomes subject to substantial improvement and must comply with all applicable requirements of this article, regardless of the level of repairs actually made to the structure.
4. installing a manufactured home on a new site or a new manufactured home on an existing site. This does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and,
5. installing a travel trailer or recreational vehicle on a site for more than 180 days, where allowed by this ordinance.

3-18-6-3 Building Protection Methods

Building protection may be accomplished by one of the following methods. The Zoning Administrator shall maintain a record of compliance with these building protection standards as required in section 3-18-4-1.

1. A structure may be constructed on a site within the floodway fringe which is specifically and permanently filled for the structure only, provided the fill was not placed in a floodway, in accordance with the following:
1. the fill shall be placed in layers no greater than one foot deep before compacting to 95 percent of the maximum density obtainable with the Standard Proctor Test method;
2. the fill shall extend at least ten feet beyond the foundation of the building before sloping below the flood protection grade;
3. the fill shall be protected against erosion and scour during flooding by vegetative cover, rip rap, bulkheading, or other acceptable method. If vegetative cover is used, the slopes shall be no steeper than 3 to 1 (horizontal to vertical);
4. the fill shall not adversely affect the flow of surface drainage from or onto neighboring properties or receiving waterways; and
5. the lowest floor shall be at or above the flood protection grade.
2. A structure may be elevated in accordance with the following:
1. The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation provided:
1. walls of any enclosure below the elevated door shall be designed to automatically equalize 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) having a total area of one square foot for every two square feet of enclosed floor area subject to flooding. The bottom of all such openings shall be no higher than one foot above the enclosed area's floor; and
2. any enclosure below the elevated floor is not used for additional occupied floor space by the permitted use, excluding building access.
2. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known natural forces such as current, waves, ice, and floating debris.
3. All areas below the flood protection grade shall be constructed of materials resistant to flood damage. The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection grade. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection grade.
3. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements.
1. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the flood protection grade and securely attached 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:
1. outside a manufactured home park or subdivision;
2. in a new manufactured home park or subdivision;
3. in an expansion to an existing manufactured home park or subdivision; or
4. in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood.
2. The manufactured home shall be elevated so that the lowest floor of the home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely attached 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.
4. Recreational vehicles placed on a site shall either:
1. be on the site for less than 180 consecutive days;
2. 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
3. meet the requirements for manufactured homes in section 3-18-6-3(c).
5. A non-residential building may be flood-proofed to the flood protection grade (in lieu of elevating) if done in accordance with the following.
1. A registered professional engineer shall certify that the portions of the structure and attendant utility facilities located below the flood protection grade have been designed to be watertight and capable of resisting the effects of the regulatory flood. The Building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice.
2. Flood proofing measures shall be operable without human intervention and without an outside source of electricity.

3-18-7 Chapter 7: Subdivision and Development Plan Requirements

3-18-7-1 Developing in Floodplain Areas

The Plan Commission shall review all proposed subdivisions and development plans to determine whether any or all of the proposed development lies in a floodplain. If the Plan Commission finds the subdivision or development plan, or portion thereof, to be located in an "A Zone" without regulatory flood elevations determined, the developer shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. If the site is shown to contain areas within the floodway, those portions within the floodway will be subject to the permitted use requirements of this article. The Plan Commission shall require appropriate changes and modifications to be made to the plat, development plan, and subsequent development, in order to assure that:

1. no structures or fill are to be located in the floodway;
2. development activities are consistent with the need to reduce flood damages;
3. all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
4. adequate drainage is provided so as to reduce exposure to flood hazards.

3-18-7-2 Flood Elevations

Developers shall show the regulatory flood elevation on all development plans and subdivision plats containing lands identified as within a floodplain of a regulatory flood prior to submitting the drawings for approval by the Plan Commission.

3-18-7-3 Manufactured Housing Developments

All owners of manufactured home parks or subdivisions located within a floodplain identified as "Zone A" on the Flood Insurance Rate Map must develop an evacuation plan for those lots which are located in "Zone A." The plan must be approved by, and filed with, the Allen County Office of Emergency Preparedness. A copy of the plan shall also be filed with the Plan Commission.

3-18-8 Chapter 8: Variances

3-18-8-1 Board of Zoning Appeals

The Board of Zoning Appeals may issue a variance from the technical provisions of this article (as opposed to the permitted use provisions) provided the applicant demonstrates that:

1. there exists a good and sufficient cause for the requested variance;
2. the strict application of the terms of this article will constitute an exceptional hardship to the applicant; and
3. the granting of the requested variance will not create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.

3-18-8-2 Grant of Variance

The Board of Zoning Appeals may issue a variance from the technical provisions of this article subject to the following standards and conditions:

1. All variance requests are subject to a public hearing upon complying with the notification requirements of IC 5-3-1.
2. No variance shall be granted for a use or structure in the floodway which is not otherwise permitted.
3. Variances from the Building Protection Standards of this article may be granted only when a new structure is to be located on a lot of 0.5 acres or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. Lots larger than 0.5 acres in size may be granted a variance providing the intent of section 3-18-1-1 and section 3-18-8-1 is met.
4. A variance may be granted for the reconstruction or restoration of any structure listed individually on the National Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects.
5. All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction.
6. Other than as provided in this section, variances will only be granted in accordance with section 3-14-1-2 of this ordinance. In the event of a conflict, the provisions of this section will control.

3-18-9 Chapter 9: Disclaimer of Liability

3-18-9-1 Disclaimer of Liability

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this article does not create any liability on the part of the community, the Indiana Department of Natural Resources, the State of Indiana, the Allen County Surveyor's Office, the Allen County Plan Commission and Board of Zoning Appeals, the Allen County Zoning Hearing Officer, the Allen County Zoning Administrator, the Allen County Department of Planning Services, or the Allen County Board of Commissioners for any flood damage that results from reliance on this article or any administrative decision made lawfully thereunder.

3-18-10 Chapter 10: Validity and Effective Date

3-18-10-1 Validity

If any chapter, section, clause or portion of this article is judged to be invalid or unconstitutional, such judgement shall not effect the validity or constitutionality of the article or ordinance as a whole, or any other part thereof.

3-18-10-2 Effective Date

This article shall be in full force and effect from and after 28 September 1990.

Disclaimer

This version of the Allen County Code is an unofficial copy of the Code converted from a paper copy provided by the Allen County Attorney. Updates are added by IPFW Helmke library as received. Contact the issuing agency or the county attorney for the definitive edition.