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CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
Section
7/6/2004
TABLE OF CONTENTS
Page Summary of Chan2e (Patch IV)
ENACTMENT - INTERPRETATION
1
2
3
Title, Purpose, Authority and Jurisdiction .................................1-1
Compliance with the Regulations............................................... 2-1
Definitions ................................................................................. 3-1
DISTRICT REGULATIONS
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20A
20B
20C
20D
20E
20F
20G
20H
20J
Districts and Boundaries ............................................................4-1
S-l Residence District................................. ...................... ......... 5-1
S-2 Residence District........... ................ .............. ....... ................ 6-1
R-1 Residence District ............................................................... 7-1
R-2 Residence District ............................................................... 8-1
R-3 Residence District ............................................................... 9-1
R-4 Residence District ...............................................................10-1
R-5 Residence District (planned District) ..............................11-1
B-1 Business District .................................................................12-1
B-2 Business District .................................................................13-1
B-3 Business District .................................................................14-1
B-4 Business District (Planned District) ....................................15-1
B-5 Business District .................................................... ............16-1
B-6 Business District ................................................................17-1
B-7 Business District .................................................................18-1
B-8 Business District ................................................................19-1
I-I Industrial District....................................... ............... ............ 20A-1
M -1 Manufacturing District ................................................... 20B-l
M-2 Manufacturing District ....... ............ ........................ ........ .... 20C-1
M-3 Manufacturing District (Planned District) .......................... 20D-1
C-1 City Center District ............................................................. 20E-1
C-2 Old Town District ...............................................................20F-1
OM Old Meridian District ...................................................... 20G-l
P-1 Parks & Recreation.............................................................. 20H-1
AG-1 Agriculture District .......................................................... 20J-1
SUPPLEMENTARY REGULATIONS AND DISTRICTS
Consistency
Clarifies BZA action
Adjust TOWER definitions
Corrective
Consistent w/Defs.
None
None
None
None
Consistent w/Defs, remove pools
Add ADLS, chapter consistency
Chapter Consistency
Chapter Consistency
Chapter Consistency
REPEAL CHAPTER
Add DP, consistency, pools
AddDP."cll,apter" consistency
Consistency, clarification
Add DP, consistency
Chapter Consistency
Add DP/ADLS, clarification
REPEAL CHAPTER
Chapter Consistency, clarification
Clarification
Clarification
Add DP, Signs to Sign Ordinance
None
None
21 Special Use Regulations.............................................................21-1 None
22 Flood Plain Districts ..................................................................22-1 None
23A State Highway 431 - Keystone Avenue Overlay Zone ............... 23A-1 Chapter Consistency
23B U.S. Highway 31 - Meridian Street Overlay Zone .....................23B-1 Consistency, Clarify occ. floors
23C U.S. Highway 421 - Michigan Road Corridor Overlay Zone..... 23C-1 Consistency, Clarify in&out tracts
23D Old Town District Overlay Zone ............................................23D-l Clarification, Retail in RL sub-area
23E Home Place District Overlay Zone ............................................23E-1 Chapter-C-onsistency
24 Planned District Regulations ..................................................24-1 Change Title: DP/ADLS Regs
25 Additional Use Regulations..................................................... 25-1 Pool covers
25.07 Sign Ordinance......................................................................... 25.07-1 OM, Nonconforming signs, charts
26 Additional Height, Yard and Lot Area Regulations................... 26-1 Clarification
27 Additional Parking and Loading Regulations ............................27-1 Add missing title to 27.01
28 Nonconforming Uses and Exemptions....................................... 28-1 Consistency
Table of Contents
1
Autumn 2003 vi
CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
Section
Page
ADMINISTRATIVE - ENFORCEMENT
Adnlinistration .................... ...................................... .......... ....... 29-1
29
30
31
32
33
34
APPENDICES
A
Board of Zoning Appeals......................................................... 30-1
General Provisions ......... ................................... ......................... 31-1
Manufactured Homes ................................... .............................. 32-1
Residential Open Space (REPEALED) .................................... 33-1
Zoning Violations .................................... ........... .......................34-1
.
Schedule of Uses................................................... .......... ...........
Reference to Building Code in CC
SU & SE to Hearing Officer
None
None
None
None
None
Table of Contents
ii
Autumn 2003 vi
I
Indiana Code 36-7-4-1400 et seq.
DEVELOPMENT PLANS
IC 36-7-4-1400
1400 Series_Development Plans
Sec. 1400. This series (Sections 1400 through 1499 of this chapter) may be cited as follows: 1400 SERIES.
DEVELOPMENT PLANS.
As added by P.L.320-1995, SEC.22.
IC 36-7-4-1401
"Development requirement" defined
Sec. 1401. As used in this series, "development requirement" means a requirement:
(I) for development of real property in a zoning district for which a Development Plan IS
required; and
(2) that conforms to Section 1403 of this chapter.
As added by P.L.320-1995, SEC.23.
IC 36-7-4-1401.5
Power of legislative body to designat~ zoning districts where plan required
Sec. 1401.5.
(a) A legislative body may, in a Zoning Ordinance, designate zoning districts in which a Development
Plan is required. If a zoning district is designated under this section, the Plan Commission must
approve or disapprove a Development Plan under this series for real property within the zoning
district.
(b) The Plan Commission has exclusive authority to approve or disapprove a Development Plan for
real property located within the Plan Commission's jurisdiction.
(c) Designation by the legislative body of a zoning district where a Development Plan is required is a
legislative act, and is not subject to review by certiorari under Section 10161 of this chapter.
As added by P.L.320-1995, SEC.24.
IC 36-7-4-1402
Designation by zoning ordinance
Sec. 1402.
(a) This section applies if a zoning district is designated in a Zoning Ordinance under Section
1401.5(a) of this chapter.
(b) In the Zoning Ordinance, the legislative body adopting the ordinance must specify the following:
( I) Development requirements that must be satisfied before the Plan Commission may approve a
Development Plan.
I IC 36-7-4-1016
Remedies and enforcement; review by certiorari of commissioner's decision
Sec. 10 16. The following decisions of the Plan Commission may be reviewed by certiorari procedure in the same manner as that
provided for the appeal of a decision of the board of zoning appeals:
(I) A final decision under the 700 Series of this chapter (subdivision control).
(2) A final decision under Ie 36-7-3-1 I(h) (appeal of a vacation decision).
(3) A final decision under the 1400 Series of this chapter (development plans).
(4) A final decision under the 1500 Series of this chapter (planned unit development), when authority to make a final decision
is delegated to the Plan Commission by the legislative body under Section 1511 of this chapter.
As added by Acts 1981, P.L309, SEC23. Amended by Acts 1981. P.L.31O, SEC57; P.L.320-1995, SEC21.
April 16, 2004
p. lof5
Indiana Code 36-7-4-1400 et seq.
DEVELOPMENT PLANS
(2) Plan documentation and supporting information that must be supplied to the Plan Commission
before the Plan Commission may approve a Development Plan.
(3) Development requirements for approval of a Development Plan that the Plan Commission
may waive.
(4) Conditions under which the Plan Commission may waive development requirements for
approval of a Development Plan.
(5) Procedures for submission and review of a Development Plan, including the nature or type of
application, fees, notice, hearing, amendment, and other matters relevant to review.
(c) In the Zoning Ordinance, the legislative body may authorize the following to review and approve a
Development Plan:
(1) The Plan Commission staff.
(2) A Hearing Examiner or Committee of the Plan Commission designated under Section 402( dl
of this chapter.
As added by P.L.320-1995, SEC.25.
Ie 36-7-4-1403
Requisites of zoning ordinance
Sec. 1403.
(a) The development requirements that must be specified under Section 1402(b)(1) of this chapter
may include the following:
(I) Compatibility of the development with surrounding land uses.
(2) Availability and coordination of water, sanitary sewers, storm water drainage, and other
utilities.
(3) Management of traffic in a manner that creates conditions favorable to health, safety,
convenience, and the harmonious development of the community.
(4) Building setback lines.
(5) Building coverage.
(6) Building separation.
(7 ) Vehicle and pedestrian circulation.
(8) Parking.
(9) Landscaping.
( 10) Height, scale, materials, and style of improvements.
( 11 ) Signage.
(12) Recreation space.
2 IC 36-7-4-402
Duties; employees; hearings
Sec. 402.
(d) The Plan Commission may designate a Hearing Examiner or a Committee of the Commission to conduct any public
hearing required to be held by the Commission. Such a hearing must be held upon the same notice and under the same
rules as a hearing before the entire Commission, and the Examiner or Committee shall report findings of fact and
recommendations for decision to the Commission. The Commission shall by rule provide reasonable opportunity for
interested persons to file exceptions to the findings and recommendations, and if any exception is filed in accordance with
those rules, the Commission shall hold the prescribed hearing. If no exception is filed, the Commission shall render its
decision without further hearing.
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC./9; P.L.321-1995, SEC.1.
April 16, 2004
p. 2 of 5
Indiana Code 36-7-4-1400 et seq.
DEVELOPMENT PLANS
(13)Outdoor lighting.
(14) Other requirements considered appropriate by the legislative body.
(b) The development requirements specified under Subsection (a)(3) concerning the management of
traffic may ensure the following:
(I) That the design and location of proposed street and highway access points minimize safety
hazards and congestion.
(2) That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept
traffic that will be generated by the new development.
(3) That the entrances. streets, and internal traffic circulation facilities in the Development Plan
are compatible with existing and planned streets and adjacent developments.
(c) The plan documentation and supporting information that must be supplied under Section
1402(b)(2) of this chapter may include the following:
(I) The location and character of the following:
(A) Existing and proposed primary structures and accessory structures.
(B) Utilities.
(C) Signage.
(D) Landscaping.
(2) The nature and intensity of uses in the development.
(3) The condition and size of public thoroughfares and parking, vehicle, and pedestrian facilities.
(4) The location and capacity of drainage facilities and sewer systems serving the development.
(5) Other information considered appropriate by the legislative body.
(d) In specifying development requirements or plan documentation and supporting information for
Development Plan approval under Section 1402(b)(1) through 1402(b)(2) of this chapter, the
Zoning Ordinance may incorporate by reference provisions in the Subdivision Control Ordinance.
As added by P.L.320-1995, SEC.26.
Ie 36-7-4-1404
Review and appeal
Sec. 1404.
(a) If a Zoning Ordinance designates a zoning district under Section 1401.5(a) of this chapter and
authority is delegated under Section 1402(c) of this chapter, the Zoning Ordinance must describe
the following:
(1) The duties of the Plan Commission staff, Hearing Examiner, or Committee in reviewing a
Development Plan.
(2) The procedures for review of a Development Plan by the Plan Commission staff, Hearing
Examiner, or Committee.
(3) The procedures for an appeal to the Plan Commission of a decision made by the Plan
Commission staff, Hearing Examiner, or Committee.
(b) A Plan Commission staff, Hearing Examiner, or Committee to which authority has been delegated
under Section 1402(c) of this chapter may make a decision concerning a Development Plan
without a public hearing if the Zoning Ordinance provides for an appeal of the decision directly to
the Plan Commission.
April 16, 2004
p. 3 of 5
Indiana Code 36-7-4-1400 et seq.
DEVELOPMENT PLANS
(c) The Zoning Ordinance may provide for a hearing procedure for review of a Development Plan that
is similar to the hearing procedure for review of Subdivision Plats under the 700 Series of this
chapter. If such a procedure is adopted, the Zoning Ordinance may provide that public notice and
hearing are not required for secondary review of a Development Plan. If notice and hearing are
not required for secondary review of a Development Plan, the primary approval or disapproval of
a Development Plan is a final decision of the Plan Commission that may be reviewed only as
provided in Section 1016 of this chapter.
As added by P.L.320-1995, SEC.27.
IC 36-7-4-1405
Powers and duties of plan commission
Sec. 1405.
(a) The Plan Commission shall review a Development Plan to determine if the Development Plan:
(1) is consistent with the Comprehensive Plan; and
(2) satisfies the development requirements specified in the Zoning Ordinance under Sections
1402 and 1403 of this chapter.
(b) The Plan Commission may do the following:
(1) Impose conditions on the approval of a Development Plan if the conditions are reasonably
necessary to satisfy the development requirements specified in the Zoning Ordinance for
approval of the Development Plan.
(2) Provide that approval of a Development Plan is conditioned on the furnishing to the Plan
Commission of a bond or written assurance that:
(A) guarantees the timely completion of a proposed public improvement In the proposed
development; and
(B) is satisfactory to the Plan Commission.
(3) Permit or require the owner of real property to make a written commitment under Section
6133 of this chapter.
As added by P.L.320-1995, SEC.28.
3 Ie 36-7-4-613
Zoning ordinance; development plans; use or development commitments; land use restrictions
Sec. 613.
(a) This section applies only to a Development Plan that is submitted under the 1400 Series of this chapter. The Plan
Commission may permit or require the owner of a parcel of real property to make a written commitment concerning the use
or development of that parcel. The Commission may adopt rules:
(I) governing the creation, form, recording, modification, enforcement, and termination of commitments; and
(2) designating which specially affected persons and classes of specially affected persons are entitled to enforce
commitments.
(b) A commitment made under this section shall be recorded in the office of the county recorder and takes effect upon the
approval of the Development Plan related to the commitment. Unless a commitment is modified or terminated by the Plan
Commission, a commitment is binding on:
(I) the owner of the parcel;
(2) a subsequent owner of the parcel; and
(3) a person who acquires an interest in the parcel.
A commitment is binding on the owner of the parcel even if the commitment is not recorded. A commitment that is not
recorded is binding on a subsequent owner of the parcel or other person acquiring an interest in the parcel only if that
subsequent owner or other person acquiring an interest has actual notice of the commitment.
(c) A commitment made under this section may be modified or terminated only by a decision of the Plan Commission made at
a public hearing after notice of the hearing has been provided under the Plan Commission's rules.
(d) This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created
in accordance with law.
As added by P.L.335-1985, SEC.27. Amended by P.L.320-1995, SEC.7.
April 16, 2004
p. 4 of 5
Indiana Code 36-7-4-1400 et seq.
DEVELOPMENT PLANS
Ie 36-7-4-1406
Written findings constitute final decision
Sec. 1406.
(a) A Plan Commission shaH make written findings concerning each decision to approve or
disapprove a Development Plan. The Zoning Ordinance must designate an official who is
responsible for signing written findings of the Plan Commission.
(b) Except as provided in Section 1404(c) of this chapter, a decision of the Plan Commission
approving or disapproving a Development Plan or a decision made under Section 1405(b) of this
chapter is a final decision of the Plan Commission that may be reviewed only as provided in
Section 1016 of this chapter.
As added by P.L.320-1995, SEC.29.
April 16. 2004
p. 5 of 5
Page 1 of 1
Keeling, Adrienne M
From: John Molitor Umolitor@prodigy.net]
Sent: Monday, April 26, 2004 5:29 PM
To: 'Judy Hester'
Cc: 'Keeling, Adrienne M'
Subject: RE: Sprint
Judy and Adrienne:
The committee approved minor revisions to two definitions in the Zoning Ordinance. We did not discuss
any potential changes to the BZA process for approving new towers.
As revised, the two definitions would read as follows:
TOWER. A ground or roof-mounted pole, spire, structure, or combination thereof taller than fifteen (I5) feet,
including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting
an Antenna, a meteorological device, or other similar apparatus above grade. The term does not include (1)
a water tower that is owned by public utility or municipally owned utility; or (2) any pole, spire,
structure, or combination thereof on which an amateur radio station antenna is mounted.
TOWER, RADIO OR TELEVISION TRANSMISSION. Any ground-mounted pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of
mounting a radio or television transmission antenna (other than an amateur radio station antenna)
above ground.
The intent here is to clearly remove ham radio "towers" from the ordinance definitions, which would force Sprint's
"tower" on the Zamber property to be reviewed and approved as if it were a new structure.
John Molitor
-----Original Message-----
From: Judy Hester [mailto:jhester@shglaw.net]
Sent: April 22, 2004 8:50 AM
To: jmolitor@prodigy.net
Cc: Keeling, Adrienne M
Subject: Sprint
John: What's the status of the ordinance amendment? I want to see the language if I could please.
Judy
The information contained in the e-mail message is privileged confidential information intended only for the use of
the intended recipient named above. If you are not the intended recipient, you are hereby notified that any copying
of this communication or dissemination or distribution of it to anyone other than the intended recipient is strictly
prohibited. If you have received this communication in error, please immediately notify us by telephone and destroy
and discard the original message.
Smyth Hester & Grisham, LLP (317) 843-5566
4/30/2004
.!:!!!!P, Laurence M
From:
Sent:
To:
Subject:
Lillig, Laurence M
Tuesday, December 03, 2002 11 :56 AM
Kendall, Jeff A
RE: Floodplain Ordinance Draft
Done.
-----Original Message-----
From: Kendall, Jeff A
Sent: Tuesday, December 03, 2002 11:04 AM
To: Lillig, Laurence M
Subject: FW: Floodplain Ordinance Draft
Is it too late to make these changes also? I am starting to have the same opinion of IDNR
as you. I thought their untimely response meant they were OK with the draft they got
three weeks ago.
-----Original Message-----
From: Nance, Anita [mailto:anance@dnr.state.in.us]
Sent: Tuesday, December 03, 2002 10:57 AM
To: 'JKendall@ci.carmel.in.us'
Subject: Floodplain Ordinance Draft
Hi Jeff
I'm sorry it took so long to get back with you, it's been busy here. I
finally had the chance to finish up the review of your draft. I did find
some additional corrections that are needed. I have attached those needed
corrections.
Please note that in order for our office to approve the changes, a signed
certified copy of the ordinance amendment is needed. Because of the new
maps, we will need this prior to 2/19/03. Please contact me if you have any
questions. Thanks again!
Anita
<<Carmel Ordinance Revisions.doc>>
***
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1
u
u
Lillig, Laurence M
;-
From:
Sent:
To:
Subject:
Kendall, Jeff A
Thursday, November 14, 2002 1 :51 PM
LiIIig, Laurence M
RE: floods
,1
'),.. j,;{ ,/\
/)/ ('II'.... \/\
. ."'/1/1::0 \.....;~\
/.~ ' '." \ ~- \
,~ I :;'lr ~'--~-J
Here are the changes that need to be made. I have also bee~~~~ed t~~~~~i:~iS G~~to IDNR. I will do that bye-mail
and so not anticipate that they will see any problems. By the way!,a~ you can se/eJf~m the changes, you were right about
the effective date being in Feb. Thanks for your help. "</" ..jT,-7-. (\;/
-....:;~ ",-_____.L,__------
~
ZO Ch 22 Flood
Hazard District...
-----Original Message-----
From: Ullig, Laurence M
Sent: Thursday, November 14, 200211:57 AM
To: Kendall, Jeff A
Subject: floods
Jeff,
Attached is Chaper 22. I don't have access to City Code data.
<< File: 20 Ch 22 Flood Hazard Districts (Summer 2002 v1 ).rtf >>
Laurence M. Lillig, Jr.
Planning & Zoning Administrator
Division of Planning & Zoning
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
317/571-2417
fax: 317/571-2426
llillig@ci.carmel.in.us
1
u
CITY OF C~& CLAY TOWNSHIP ZONING ORDINANCE
22.0
22.1
22.2
22.3
22.4
22.5
22.6
22.7
22.8
22.9
22.10
22.11
22.12
22.13
22.14
22.15
CARMEL/CLAY ZONING ORDINANCE
CHAPTER 22: FLOOD HAZARD DISTRICTS
Flooc1 Hll'Zllrc1 Districts.
Stlltntory Anthori'Zlltion.
Stlltement ofPlI1pose.
The Dnties of the Director of the Dt>.partment of rommnnity Services.
Rep)lllltory Flooc1 Elevlltion.
Tmprovement T .oclltion Permit For ronstmction Within The Specilll Flooc1 Hll'Zllrc1 Zone (SFH A ).
Preventing Tncrellsec1 Dllmllges.
Protecting Existing Rnilc1ings.
Other Development ReqJlirements.
V llnllnces.
Disc1llimer ofT .illhility,
Viollltions.
AhmglltiOn anc1 Greater Restrictions.
Sepllrll hility.
Effective Dllte.
Definitions.
22.0 Flooc1 Hll'Zllrc1 Districts.
22.1 StllhltOry A nthon'Zlltion.
The Indiana Legislature granted the power to local units of government to control land use within their
jurisdictions which affect special flood hazard areas in order to provide uninterrupted greenways that
control flooding, improve water quality by filtering waterborne pollutants, provide habitat for highly varied
flora and fauna, and also contain wetland areas which are some of the most biologically productive lands
within the jurisdiction.
22.2 Stlltement ofPlITpose.
The purpose of this Ordinance is to guide development in the flood hazard areas in order to reduce the
potential for:
1. Loss oflife and property;
2. Health and safety hazards;
3. Extraordinary public expenditures for flood protection and relief.
Under the authority granted to local units of government to control land use within their jurisdiction, which
includes taking into account the affects of flooding, the Common Council for the City of Carmel hereby
adopts the following floodplain management regulations in order to accomplish the following:
Chapter 22: Flood Hazard Districts
22-1
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vi
u
CITY OF C~& CLAY TOWNSHIP ZONING ORDINANCE
A. to prevent unwise developments from increasing flood or drainage hazards to others;
B. to protect new buildings and major improvements to buildings from flood damage;
C. to protect human life and health from the hazards of flooding;
D. to lessen the burden on the taxpayer for flood control projects, repair to flood-damaged public
facilities and utilities, and flood rescue and relief operations;
E. to maintain property values and a stable tax base by minimizing the potential for creating flood
blighted areas; and,
F. to make federally subsidized flood insurance available for property in the zoning jurisdiction of the
City of Carmel by fulfilling the requirements of the National Flood Insurance Program.
22.3 The Duties of the Director ofthp, Department ofr.ommunity Services.
The Director for the Department of Community Services is appointed to review all development and
subdivision proposals to insure compliance with this Ordinance, including but not limited to the following
duties:
A. Ensure that all development activities within the "Special Flood Hazard Areas" (SFHA) of the
jurisdiction of the City ofCarmellClay Township meet the requirements of this ordinance.
B. Provide information and assistance to citizens upon request about permit procedures and
floodplain construction techniques.
C. Ensure that construction authorization has been granted by the Indiana Natural Resources
Commission for all development projects subject to Section 22.6 of this Ordinance and maintain a
record of such authorization (either copy of actual permit or letter of recommendation).
D. Maintain a record of the "as-built" elevation of the lowest floor (including basement) of all new
and/or substantially improved buildings constructed in the SFHA.
E. Maintain a record of the engineer's certificate and the "as-built" floodproofed elevation of all
building subject to Section 22.8 of this Ordinance.
F. Cooperate with state and federal floodplain management agencies to improve base flood and
floodway data and to improve the administration of this Ordinance. Submit reports as required for
the National Floor Insurance Program.
G. Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, copies
of DNR permits and letters of recommendation, federal permit documents, and "as-built" elevation
and floodproofmg data for all buildings constructed subject to this ordinance.
H. Notify adjacent communities and the State Coordinating Officer prior to any alteration or
relocation of a watercourse, and submit copies of such notification to FEMA.
Sec. 22.3 amended per Ordinance No. Z-339.
Chapter 22: Flood Hazard Districtsi22-2
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vl
u
CITY OF C~ CLAY TOWNSIDP ZONING ORDINANCE
22.4 Regulatory Floon Elevation.
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
engineering study needs to replace existing data with better data and submit it to the Department of Natural
Resources for review and approval.
A. The regulatory flood elevations for the SFHAs of White River, Cool Creek, Hot Lick Creek,
Williams Creedk, Henley Creek, and Carmel Creek, within Clay Township, shall be as delineated
on the 100 year flood profiles in the Flood Insurance Study of the City of Carmel dated Novembet
19, 1980 February 19, 2003, and the corresponding Flood Boundary/Floodway Maps, dated May
19, 1981 February 19, 2003, as well as any future updates, amendments, or revisions, prepared by
the Federal Emergency Management Agency with the most recent date.
B. The regulatory flood elevation for each SFHA delineated as an "AR Zone" or "AD Zone" shall be
that elevation (or depth) delineated on the Flood Insurance Rate Map of the City of Carmel.
C. The regulatory Flood Elevation for each of the remaining SFHAs delineated as an "A Zone" on the
Flood Insurance Rate Map of the City of Carmel shall be according to the best data available as
provided by the Department of Natural Resources.
Sec. 22.4 amended per Ordinance No. Z-339.
22.5 Improvement location Permit For Com:tmction Within The ~pecial Floon Ha7.arn Zone (~FH A ).
No person, firm, corporation, or governmental body, not exempted by state law shall commence any
"development" in the SFHA without first obtaining an Improvement Location Permit from the Department
of Community Services. The Department of Community Services shall not issue an Improvement Location
Permit if the proposed "development" does not meet the requirements of this ordinance.
A. The application and materials required for an Improvement Location Permit shall be accompanied
by the elevation of lowest floor (including basement) of all proposed structures. Elevation should
be in National Geodetic Vertical Datum of 1929 (NGVD).
B. Upon receipt of an application for an Improvement Location Permit, the Director shall determine if
the site is located within an identified floodway, floodway fringe, or within the floodplain where
the limits of the floodway have not yet been determined.
1. If the site is in a identified floodway the Director shall require the applicant to forward the
application, along with all pertinent plans and specifications, to the Department of Natural
Resources and apply for a permit for construction in a floodway.
Under the provisions of IC lJ-2-22 14-28-1, a permit from the Natural Resources
Commission is required prior to the issuance of a local building permit for any
excavation, deposit, construction or obstruction activity located in the floodway. This
includes land preparation activities such as filling, grading, clearing and paving etc.
undertaken before the actual start of construction.
No action shall be taken by the Director until a permit has been issued by the Natural
Resources Commission granting approval for construction in the floodway. Once a
permit has been issued by the Natural Resources Commission, the Director may issue an
Improvement Location Permit, provided the provisions contained in Sections 22.6 ands22.7 of this Ordinance have been met. The Improvement Location Permit cannot be less
Chapter 22: Flood Hazard Districts
22-3
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
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CITY OF C~& CLAY TOWNSHIP ZONING ORDINANCE
restrictive than the permit issued by the Natural Resources Conunission.
2. If the site is located in an identified floodway fringe, then the Director may issue an
Improvement Location Permit provided the provisions contained in Sections 22.6 and
22.7 of this Ordinance have been met. The lowest floor of any new or substantially
improved structure shall be at or above the Flood Protection Grade (two feet above the
100 year elevation as specified by Section 310 Indiana Administrative Code 6-1).
3. If the site is in an identified floodplain where the limits of the floodway and floodway
fringe have not yet been determined (shown as zone A on the Flood Insurance Rate map),
and the drainage area upstream of the site is greater than one square mile, the Director
shall require the applicant to forward the application, along with all pertinent plans and
specifications, to the Department of Natural Resources for review and comment.
No action shall be taken by the Director until either a permit for construction in the
floodway or a letter of recommendation citing the 100 year flood elevation and the
recommended Flood Protection Grade has been received from the Department of Natural
Resources.
Once the Director has received the proper permit or letter of recommendation approving
the proposed development, an Improvement Location Permit may be issued provided the
conditions of the Improvement Location Permit are not less restrictive than the conditions
received from the Department of Natural Resources and the provisions contained in
Sections 22.6 and 22.7 of this Ordinance have been met.
4. If the site is an identified floodplain where the limits of the floodway and floodway fringe
have not yet been determined and the drainage area upstream of the site is less than one
(I) square mile, the Zoning Administrator shall require the applicant to provide an
engineering analysis showing the limits of the floodway, floodway fringe and 100 year
elevation for the site. Upon receipt, the Zoning Administrator may issue the local
Improvement Location Permit, provided the provisions contained in Sections 22.7 and
22.8 of this ordinance have been met.
Sec. 22.5 amended per Ordinance No. Z-339.
22.6 Preventing Tn~reasec1 Damages.
. No development in the SFHA shall create a damaging or potentially damaging increase in flood heights,
velocity, or threat to public health and safety.
A. Within the floodway identified on the Flood Boundary and Floodway Map or the Flood Insurance
Rate Map, the following standards shall apply:
I. No development shall be allowed which acting along or in combination with existing or
future similar works, will cause ~ increase in the elevation of the regulatory flood; and
2. For all projects involving channel modifications or fill (including levees) the City shall
submit a request to the Federal Emergency Management Agency to revise the regulatory
flood data.
B. Within all SFHAs identified as A Zones (no 100 year flood elevation and/or floodway/floodway
fringe delineation has been provided) the total cumulative effect of the proposed development,
when combined with all other existing; and anticipated development, will not increase the
Chapter 22: Flood Hazard Districts
22-4
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
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CITY OF cJ:,J & CLAY TOWNSHIP ZONING ORDINANCE
regulatory flood elevation more than one tenth (0.1) of one foot and will not increase flood
damages or potential flood damages.
C. Public Health Standards in all SFHAs:
1. No development in the SFHA shall include location or storing chemicals, explosives,
buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials
below the Flood Protection Grade (FPG), unless such materials are stores in a storage
tank or floodproofed building constructed according to the requirements of Section 22.8
of this Ordinance.
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 FPG
are watertight.
22.7 Prntec.rine Fxisrine Rllilc1ings.
In addition to the damage prevention requirements of Section 22.6, all buildings cmlcntly located with.in a
to be located in the SFHA shall be protected from flood damage below the FPG.
A. This building protection requirement applies to the following situations:
1. construction or placement of any new building vAlu"d at mOle. than $1,000.00 01 having
an enclosed area greater than four hundred (400) square feet; 01 having an enclosed AI ea
gl eatel than one bundl ed (188) SquAU feet,
2. structural alterations made to:
a. an existing structure (previously unaltered) building, the cost of which equals or
exceeds that jl1"."A&.. thG matke.t value. of the building by mOle than fifty percent
(50%) of the value of the pre-altered building (excluding the value of the land)
01 any suuctttIal altelat~";n .ua& fJLev~ou"I'y (ou" time. only altelation);
b. any previously altered building;
J. leconsunction 01 re.paiu nmde to a damaged building that AL" vAlu..d al mOle than tift)
pel cent (50%) ofthc. matket value of the building (exduding tIll:. value. or tIle land) before
damage oc{.uued,
43. 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; and,
54. placement ofa travel trailer on a site for more than one hundred eighty (180) days.
B. This building protection requirement may be met by one of the following methods. The Director
shall maintain a record of compliance with these building protection standards as required in
Section 22.3 of this Ordinance.
1. A residential or non-residential building may be constructed on a permanent grade or fill
in accordance with the following:
Chapter 22: Flood Hazard Districts
22-5
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
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CITY OF CJ::J & CLAY TOWNSHIP ZONING ORDINANCE
a. The fill shall be placed in layers no greater than one (1) foot deep before
compacting to ninety-five percent (95%) of the maximum density obtainable
with the Standard Proctor Test method.
b. The fill should extend at least ten (10) feet beyond the foundation of the building
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 three (3) horizontal to one (1) vertical.
d. The fill shall not adversely affect the flow of surface drainage from or onto
neighboring properties.
e. The lowest floor (see defmition oflowest floor) shall be at or above the FPG.
2. A residential or non-residential building may be elevated in accordance with the
following:
a. 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 floor shall be designed to
automatically equalize hydrostatic flood forces on the walls by allowing
for the entry and exit of flood waters, through providing a minimum of
two (2) openings (in addition to doorways and windows) having a total
area of one (1) square foot for every two (2) square feet of enclosed
area subject to flooding. The bottom of all such openings shall be no
higher than one (1) foot above grade.
2) Any enclosure below the elevated floor is used for storage of vehicles
and building access.
b. The foundation and supporting members shall be anchored and aligned in
relation to flood flows and adjoining structures so as to minimize exposure to
known hydrodynamic forces such as current, waves, ice, and floating debris.
c. All areas below the FPG shall be constructed of materials resistant to flood
damage. The lowest floor (including basement) and all electrical, heating,
ventilating, plumbing, and air conditioning equipment and utility meters shall be
located at or above the FPG. Water and sewer pipes, electrical and telephone
lines, submersible pumps, and other waterproofed service facilities may be
located below the FPG.
3. Manufactured homes and travel trailers (also called recreational vehicles) to be installed
or substantially improved on a site for more than one hundred eighty (180) days must
meet one of the following anchoring 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 onia site:
Chapter 22: Flood Hazard Districts
22-6
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
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CITY OF C~ CLAY TOWNSHIP ZONING ORDINANCE
1)
outside a manufactured home park of 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.
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
elements that are no less than thirty-six (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 manufactures 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. Recreation vehicles placed on site shall either:
a. be on the site for less than one hundred eighty (180) consecutive days;
b. be. fully licensed and ready for highway use (defmed as being on its wheels or
jacking system, is attached to the sits only by quick disconnect type utilities and
security devices, and has no permanently attached additions); or,
c. meet the requirements for "manufactured homes" in paragraph 3 of this Section.
5. A non-residential building may be floodproofed to the FPG (in lieu of elevating) if done
in accordance with the following:
a. A Registered Professional Engineer shall certify that the building has been
designed so that below the FPG, the structure and attendant utility facilities are
watertight and capable of resisting the effects of the regulatory flood. The
building design shall take into account flood velocities, duration, rate of rise,
static pressures, and impacts from debris or ice.
b. Floodproofmg measures shall be operable without human intervention and
without an outside source of electricity.
Sec. 22.7 amended per Ordinance No. Z-339.
22.8 Oth~T n~v~lopm~nt R~qlliT~m~ntl:.
A. The Director shall review all proposed subdivisions to determine whether the subdivision lies in a
SFHA. If the Director fmds the subdivision to be so located, the Director shall forward plans and
materials to the Indiana Department of Natural Resources for review and comment. The
subdivision Development Plan shall show:
Chapter 22: Flood Hazard Districts
22-7
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
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CITY OF CJ:J & CLAY TOWNSHIP ZONING ORDINANCE
1. consistency with the need to minimize flood damages;
2. all public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage;
3. adequate drainage will be provided so as to reduce exposure to flood hazards;
4. on-site waste disposal systems, if provided, will be so located and designed to avoid
impairment of them or contamination from them during the occurrence of the regulatory
flood.
B. Developers shall indicate the lOO-year flood elevation on all subdivision plats containing lands
identified as SFHA prior to submitting the plats for approval by the Plan Commission.
22.9 VlInllnce!;\.
The Board of Zoning Appeals may issue a variance to the terms and provisions of this Ordinance subject to
the following standards and conditions:
1. No variance or exception for a residential use within a floodway subject to Section 22.6 (a) or (b)
may be granted.
2. Any variance or exception granted in a floodway subject to Section 22.6 (a) or (b) will require a
permit from Natural Resources.
3. Variances or exceptions to the Building Protection Standards of Section 22.7 may be granted only
when a new structure is to be located on a lot of one-half (Y2) acre or less in size, contiguous to and
surrounded by lots with existing structures constructed below the Flood Protection Grade.
4. Variance or exception may be granted for the reconstruction or restoration of any structure
individually listed on the Register of Historic Places or the Indiana State Survey of Historic
Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects;
5. All variances shall give the maximum relief necessary and be such that the maximum practical
flood protection will be given to the proposed construction; and
6. The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or
exception that the proposed construction will be subject to increased risks to life and property and
could require payment of excessive flood insurance premiums.
22.10 Di!;\c1l1imeT of T ,illhility_
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 community, 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.
Chapter 22: Flood Hazard Districts
22-8
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
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CITY OF C~ CLAY TOWNSffiP ZONING ORDINANCE
22.11 Violations.
Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with the requirements
of a permit or conditions of a variance shall be deemed to be a violation of this 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 Carmel/Clay Township, and shall be subject to citation and fme in accordance
with City Code Sections 10-160 through 10-164, inclusive.
A. A separate offense shall be deemed to occur for each day the violation continues to exist.
B. The Carmel/Clay Plan Commission 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.
C. Nothing herein shall prevent the City of Carmel/Clay Township from taking such other lawful
. action to prevent or remedy any violations. All costs connected therewith shall accrue to the
person or persons responsible.
Sec. 22.11 amended per Ordinance No. Z-339.
22.12 A hroelltion llnel rTTeateT R estridions.
This Ordinance repeals and replaces other ordinances adopted by the City Council to fulfill the
requirements of the National Flood Insurance Program. However, this Ordinance does not repeal the
original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this Ordinance
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Ordinance or
other Ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more
restrictive restrictions shall take precedence. In addition, the City Council shall assure that all National
Flood Insurance regulations (Contained in 44 CFR 60.3) and State Floodplain Management regulations and
laws (310 lAC 6-1-1, IC 13-2-22 and IC 13-222.5) are met.
22.13 ~epllTllhility.
The provisions and sections of this Ordinance shall be deemed separable and the invalidity of any portion of
this Ordinance shall not affect the validity of the remainder.
22.14 Fffe~tive Dllte.
This Ordinance shall take effect upon its passage by the Common Council for the City of Carmel.
A. All prior Ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby
repealed.
B. This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
22.15 Definitions.
A. BUILDING - see "STRUCTURE"
Chapter 22: Flood Hazard Districts
22-9
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
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CITY OF C~ CLAY TOWNSHIP ZONING ORDINANCE
B. DEVELOPMENT - any man-made change to improved or unimproved real estate including but
not limited to:
1. construction, reconstruction, or placement of a building or any addition to a building;
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 one hundred eighty (180) days;
3. installing utilities, erection of walls or 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 buildings and
facilities such as painting, re-roofmg; resurfacing roads; or gardening, plowing, and similar
agricultural practices that do not involve filling, grading, excavation, or the construction of
permanent buildings.
C. 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 fmal site grading or the pouring of concrete pads) is completed
before the effective date of this ordinance.
D. 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 fmal site grading or the pouring of concrete pads).
E. FBFM - Flood Boundary and Floodway Map.
F. FEMA - Federal Emergency Management Agency.
G. FHBM - Flood Hazard Boundary Map.
H. FIRM - Flood Insurance Rate Map.
I. FLOOD - 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.
J. FLOODPLAIN - the channel proper and the areas adjoining any wetland, lake or watercourse
which have been and hereafter may be covered by the regulatory flood. The floodplain includes
both the floodway and the floodway fringe districts.
Chapter 22: Flood Hazard Districts
22-10
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
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CITY OF C~ CLAY TOWNSIDP ZONING ORDINANCE
K. FLOOD PROTECTION GRADE or the "FPG" - the elevation of the regulatory flood plus two (2)
feet at any given location in the SFHA.
L. FLOODW A Y - the channel of a river or a 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.
M. FLOODW A Y FRINGE - those portions of the floodplain lying outside the floodway.
N. LETTER OF MAP AMENDMENT (LOMA) - an amendment to the currently effective FEMA
map that establishes that a property is not located in a Special Flood Hazard Area (SFHA). A
LOMA is only issued by FEMA.
O. LETTER OF MAP REVISION (LOMR) - an official revision to the currently effective FEMA
map. It is issued by FEMA and changes flood zones, delineations, and elevations.
P. LOWEST FLOOR - means the lowest of the following:
1. the top of the basement floor;
2. the top of the garage floor, if the garage is the lowest level of the building;
3. the top of the ftrst floor of buildings elevated on pilings or constructed on a crawl space
with permanent openings; or,
I
)
4.
the top of the floor level of any enclosure below an elevated building where the walls of
the enclosure provided 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 (2) openings (in addition to doorways and windows) having a
total area of one (1) square foot inch for every two one ffl (1) square feet foot
of enclosed area subject to flooding. The bottom of all such openings shall be
no higher than one (1) foot above grade.
b. such enclosed space shall be usable for the parking of vehicles and building
access.
Q. 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."
R. 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 fmal site grading or the pouring of concrete pads) is completed
on or after the effective date of this ordinance.
S. RECREATIONAL VEHICLE - means a vehicle which is:
1. built on a single chassis;
Chapter 22: Flood Hazard Districts
22-11
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
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CITY OF C~ & CLAY TOWNSlllP ZONING ORDINANCE
2. four hundred (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.
T. REGULATORY FLOOD - means the flood having a one percent (1%) probability of being
equaled to exceeded in any given year, as calculated by a method and procedure which is
acceptable to and approved by the Indiana Natural Resources Commission and the Federal
Emergency Management Agency. The regulatory flood elevation at any location is as defmed in
Section--z.z-:-5 22.4 of this ordinance. The "Regulatory Flood" is also known by the term "Base
Flood. "
U. SFHA or SPECIAL FLOOD HAZARD AREA - means those lands within the jurisdiction of the
City that are subject to inundation by the regulatory flood. The SFHAs of the City are generally
identified as such on the Flood Insurance Rate Map of the City prepared by the Federal Emergency
Management Agency and dated May 19,1981 February 19, 2003.
V. 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 one
hundred eighty (180) days.
W. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure before the "start of construction" of the improvement. This term includes
structures that have incurred "substantial damage" regardless of the actual repair work performed.
The term does not include improvements of structures to correct existing violations of state or local
health, sanitary, or safety code requirements of any alterations of a "historic structure," provided
that the alteration will not preclude the structure's continued designation as a "historic structure."
Sec. 22.15 adopted per Ordinance No. Z-311. Amended per Ordinance No. Z-339.
Chapter 22: Flood Hazard Districts
22-12
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vi
u
CITY OF C~ CLAY TOWNSHIP ZONING ORDINANCE
CHAPTER 22: FLOOD HAZARD DISTRICTS
AMENDMENT LOG
Ordinance No. Docket No. (;onndl Approval Effective Date Section!': A ffectecl
Z-3ll
Z-339
Chapter 22: Flood Hazard Districts
22-13
as adopted per Z-287 and amended per Z-311 & Z-339
Summer 2002 vI
u
u
1!!!!P, Laurence M
All ir~~/- ,
Lillig, Laurence M /\);~,J-'---~ ----" ,(-?-,~
Tuesday, January 21, 2003 5i2a)PM 1 -- <--\
Dobosiewicz, Jon c; HOllibarigl1, MikRfc '--::',:\
RE: Old Town/North RangJd5ine Fr ' ~/[IED\~_ \
~ [B 0 ~~3 ~
-\ .LV, 'it'
Language allowing retail within the 8-5/8usiness District ~'thin t~Qij"'Sloric Ran~EVLine Sub-Area of the Old Town Overlay
will be incorporated into Patch IV. _ J!.:)
-----Original Message----- \ i't.~
From: Dobosiewicz, Jon C
Sent: Tuesday, January 21, 2003 5:09 PM
To: Hollibaugh, Mike P
ee: Lillig, Laurence M
Subject: FW: Old Town/North Range Line
From:
Sent:
To:
Subject:
Mike,
See attached e-mail.
We need to get this addressed in Patch IV.
I think we should make special consideration for Old Town 8-5 areas.
Please advise.
Thanks,
Jon
-----Original Message-----
From: Pattyn, Dawn E
Sent: Tuesday, January 21, 2003 3:35 PM
To: Dobosiewicz, Jon C; Lillig, Laurence M
Subject: Old Town/North Range Line
I have been speaking with a gentleman who is zoned 8-5 on North Range Line Road. I am getting more and more
confused on this issue!!
He has two small offices located with the structure. He has some additional square footage he could lease and was
thinking on leasing this to a SMALL tanning bed company. In speaking with Jon last week, he felt tanning beds would
be defined as "retail" which is not a permitted use in the 8-5 zoning....go figure...there seems to be quite a few
"retailers" in that B-5
ANYWAY, he has called again, and has been approached by someone who would like to open a Nail Salon in this
space....not sure what this falls under....beauty salon? which at one time was a permitted use within a B-5, but is not
today???
Please help!!!! Who or what type of business can he lease this space to?????
Many thanks,
Dawn
1
-~
'!:!!!!p, Laurence M
From:
Sent:
To:
Subject:
Dobosiewicz, Jon C
Tuesday. January 21, 2003 5:24 PM
Lillig. Laurence M; Hollibaugh, Mike P
RE: Old Town/North Range Line
Hip Hip. . . Thanks
-----Original Message-----
From: Lillig, Laurence M
Sent: Tuesday, January 21, 2003 5:23 PM
To: Dobosiewicz, Jon C; Hollibaugh, Mike P
Subject: RE: Old Town/North Range Line
Language allowing retail within the 8-5/8usiness Districts within the Historic Range Line Sub-Area of the Old Town
Overlay will be incorporated into Patch IV.
-----Original Message-----
From: Dobosiewicz, Jon C
Sent: Tuesday, January 21, 2003 5:09 PM
To: HOllibaugh, Mike P
Cc: Lillig, Laurence M
Subject: FW: Old Town/North Range Line
Mike,
See attached e-mail.
We need to get this addressed in Patch IV.
I think we should make special consideration for Old Town 8-5 areas.
Please advise.
Thanks,
Jon
-----Original Message-----
From: Pattyn, Dawn E
Sent: Tuesday, January 21, 2003 3:35 PM
To: Dobosiewicz, Jon C; Lillig, Laurence M
Subject: Old Town/North Range Line
I have been speaking with a gentleman who is zoned 8-5 on North Range Line Road. I am getting more and more
confused on this issue!!
He has two small offices located with the structure. He has some additional square footage he could lease and
was thinking on leasing this to a SMALL tanning bed company. In speaking with Jon last week, he felt tanning
beds would be defined as "retail" which is not a permitted use in the 8-5 zoning....go figure...there seems to be
quite a few "retailers" in that 8-5
ANYWAY, he has called again. and has been approached by someone who would like to open a Nail Salon in
this space....not sure what this falls under....beauty salon? which at one time was a permitted use within a 8-5, but
is not today???
Please help!!!! Who or what type of business can he lease this space to?????
Many thanks,
Dawn
1
u
u
CITY OF
CARMEL
..
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DEPARTMENT OF COMMUNITY SERVICES
Division of Planning & Zoning
To: Clerk- Treasurer's Office
Mayor's Office
Director of Administration
Department of Law
Clay Township Trustee
MEMO
/, iP('/),tf
,~ <'-Yh
.1JJ <.~
~ocs ~
Date: 13 January 2003
From: Laurence M. Lillig, Jr.
Planning & Zoning Administrator
Department of Community Services
One Civic Square
Carmel, IN 46032
ph. 317.571.2417
fax. 317.571.2426
Re: Zoning Ordinance Chapter 22: Flood Hazard Districts
Attached is a copy of Chapter 22: Flood Hazard Districts of the Carmel/Clay Zoning Ordinance.
The attached version incorporates the amendments adopted by the Common Council at the Monday,
January 6,2003, meeting pursuant to Ordinance No. Z-401-03. It replaces the chapter currently in
your books in its entirety.
. mendment please contact me at (317) 571-2417.
o
o
CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
u
22.00
22.01
22.02
22.03
22.04
22.05
22.06
22.07
22.08
22.09
22.10
22.11
22.12
22.13
22.14
22.15
CARMEL/CLAY ZONING ORDINANCE
CHAPTER 22: FLOpIf~ZA$;DlSTRICTS
,/'
R 1-
ECFIVFD
Floon Ha7.arn Di~trict~. JAP rJ ,~
Statntory Anthori7.ation. 1 V 111 2003 . .
~P~:o~P;~;~~. Dor~.."
t' ~ f i ector of the Dp.partmen'1''rlf rommnnity' Service~.
RegJllatory Flood Elevation.
Improvement I.ocation Permit For ron~tmction Withit,:The Special Floon Ha7.ard Zone (SFH A ).
Preventing Increa~ed Damage~.
Protecting Fxi~ting Rllilding~.
Other Development Reqnirement~.
Variance~.
Di~daimer ofT iahility.
Violation~.
Ahroeation ann Greater Re~tridion~.
Separahility.
Effective Date.
Definition~.
22.00 Floon Hll7.arn Di~trict~.
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22.01 Stllnltory Anthori7.ation.
The Indiana Legislature granted the power to local units of government to control land use within their
jurisdictions which affect special flood hazard areas in order to provide uninterrupted greenways that
control flooding, improve water quality by filtering waterborne pollutants, provide habitat for highly varied
flora and fauna, and also contain wetland areas which are some of the most biologically productive lands
within the jurisdiction.
22.02 Statement ofPlIrpo~e.
The purpose of this Ordinance is to guide development in the flood hazard areas in order to reduce the
potential for:
1. Loss of life and property;
2. Health and safety hazards;
3. Extraordinary public expenditures for flood protection and relief.
Under the authority granted to local units of government to control land use within their jurisdiction, which
includes taking into account the affects of flooding, the Common Council for the City of Cannel hereby
adopts the following floodplain management regulations in order to accomplish the following:
A.
B.
to prevent unwise developments from increasing flood or drainage hazards to others;
to protect new buildings and major improvements to buildings from flood damage;
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Chapter 22: Flood Hazard Districts
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to protect human life and health from the hazards of flooding;
to lessen the burden on the taxpayer for flood control projects, repair to flood-damaged public
facilities and utilities, and flood rescue and relief operations;
E. to maintain property values and a stable tax base by minimizing the potential for creating flood
blighted areas; and,
C.
D.
F. to make federally subsidized flood insurance available for property in the zoning jurisdiction of
the City of Carmel by fulfilling the requirements of the National Flood Insurance Program.
22.03 The Dntiei': of the Director of the DeplIrtment of Community Servicei':.
The Director for the Department of Community Services is appointed to review all development and
subdivision proposals to insure compliance with this Ordinance, including but not limited to the following
duties:
A. Ensure that all development activities within the "Special Flood Hazard Areas" (SFHA) of the
jurisdiction of the City of Carmel/Clay Township meet the requirements of this ordinance.
B. Provide information and assistance to citizens upon request about permit procedures and
floodplain construction techniques.
C. Ensure that construction authorization has been granted by the Indiana Natural Resources
Commission for all development projects subject to Section 22.06 of this Ordinance and maintain
a record of such authorization (either copy of actual permit or letter of recommendation).
Maintain a record of the "as-built" elevation of the lowest floor (including basement) of all new
and/or substantially improved buildings constructed in the SFHA.
Maintain a record of the engineer's certificate and the "as-built" floodproofed elevation of all
building subject to Section 22.07 of this Ordinance.
Cooperate with state and federal floodplain management agencies to improve base flood and
floodway data and to improve the administration of this Ordinance. Submit reports as required for
the National Flood Insurance Program.
G. Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, copies
of DNR permits and letters of recommendation, federal permit documents, and "as-built"
elevation and floodproofing data for all buildings constructed subject to this ordinance.
H. Notify adjacent communities and the State Coordinating Officer prior to any alteration or
relocation of a watercourse, and submit copies of such notification to FEMA.
Sec. 22.03 amended per Ordinance No. Z-339; Z-401-03, 9a.
D.
E.
F.
22.04 RegJlllltm:y Flood FlevlItion.
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
engineering study needs to replace existing data with better data and submit it to the Department of Natural
Resources for review and approval.
A. The regulatory flood elevations for the SFHAs of White River, Cool Creek, Hot Lick Creek,
Williams Creed, Henley Creek, and Carmel Creek, within Clay Township, shall be as delineated
on the 100-year flood profiles in the Flood Insurance Study of the City of Carmel dated February
19,2003, and the corresponding Flood Insurance Rate Maps, dated February 19,2003, as well as
any future updates, amendments, or revisions, prepared by the Federal Emergency Management
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Agency with the most recent date.
B. The regulatory flood elevation for each SFHA delineated as an "AH Zone" or "AO Zone" shall be
that elevation (or depth) delineated on the Flood Insurance Rate Map of the City of Carmel.
C. The regulatory Flood Elevation for each of the remaining SFHAs delineated as an "A Zone" on
the Flood Insurance Rate Map of the City of Carmel shall be according to the best data available
as provided by the Department of Natural Resources.
Sec. 22.04 amended per Ordinance No. Z-339; Z-401-03, 9b.
22.05 Improvement I nc-lltinn Permit For c;on~tmc-tion Within The Spec-ill! Flood HllZllrd Zone (SFH A),
No person, fIrm, corporation, or governmental body, not exempted by state law shall commence any
"development" in the SFHA without fIrst obtaining an Improvement Location Permit from the Department
of Community Services. The Department of Community Services shall not issue an Improvement Location
Permit if the proposed "development" does not meet the requirements of this ordinance.
A. The application and materials required for an Improvement Location Permit shall be accompanied
by the elevation of lowest floor (including basement) of all proposed structures. Elevation should
be in National Geodetic Vertical Datum of 1929 (NGVD).
B. Upon receipt of an application for an Improvement Location Permit, the Director shall determine
if the site is located within an identifIed floodway, floodway fringe, or within the floodplain
where the limits of the floodway have not yet been determined.
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If the site is in a identifIed floodway the Director shall require the applicant to forward
the application, along with all pertinent plans and specifIcations, to the Department of
Natural Resources and apply for a permit for construction in a floodway.
Under the provisions ofIC 14-28-1, a permit from the Natural Resources Commission is
required prior to the issuance of a local building permit for any excavation, deposit,
construction or obstruction activity located in the floodway. This includes land
preparation activities such as fIlling, grading, clearing and paving etc. undertaken before
the actual start of construction.
No action shall be taken by the Director until a permit has been issued by the Natural
Resources Commission granting approval for construction in the floodway. Once a
permit has been issued by the Natural Resources Commission, the Director may issue an
Improvement Location Permit, provided the provisions contained in Sections 22.06 and
22.07 of this Ordinance have been met. The Improvement Location Permit cannot be
less restrictive than the permit issued by the Natural Resources Commission.
2. If the site is located in an identifIed floodway fringe, then the Director may issue an
Improvement Location Permit provided the provisions contained in Sections 22.06 and
22.07 of this Ordinance have been met. The lowest floor of any new or substantially
improved structure shall be at or above the Flood Protection Grade (two (2) feet above
the 100-year elevation as specifIed by Section 312 Indiana Administrative Code 10).
3. If the site is in an identifIed floodplain where the limits of the floodway and floodway
fringe have not yet been determined (shown as zone A on the Flood Insurance Rate
map), and the drainage area upstream of the site is greater than one (1) square mile, the
Director shall require the applicant to forward the application, along with all pertinent
plans and specifIcations, to the Department of Natural Resources for review and
comment.
1.
No action shall be taken by the Director until either a permit for construction in the
floodwav or a letter of recommendation citing the 100-year flood elevation and the
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recommended Flood Protection Grade has been received from the Department of Natural
Resources.
Once the Director has received the proper permit or letter of recommendation approving
the proposed development, an Improvement Location Permit may be issued provided the
conditions of the Improvement Location Permit are not less restrictive than the
conditions received from the Department of Natural Resources and the provisions
contained in Sections 22.06 and 22.07 of this Ordinance have been met.
4. If the site is an identified floodplain where the limits of the floodway and floodway
fringe have not yet been detennined and the drainage area upstream of the site is less
than one (I) square mile, the Zoning Administrator shall require the applicant to provide
an engineering analysis showing the limits of the floodway, floodway fringe and 100-
year elevation for the site. Upon receipt, the Zoning Administrator may issue the local
Improvement Location Permit, provided the provisions contained in Sections 22.07 and
22.08 of this ordinance have been met.
Sec. 22.05 amended per Ordinance No. Z-339; Z-401-03, *c.
22.06 Prp.vp.nting Tncre!lsed n!lm!le~s.
No development in the SFHA shall create a damaging or potentially damaging increase in flood heights,
velocity, or threat to public health and safety.
A. Within the floodway identified on the Flood Boundary and Floodway Map or 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 ~ increase in the elevation of the regulatory flood; and
For all projects involving channel modifications or fill (including levees) the City shall
submit a request to the Federal Emergency Management Agency to revise the regulatory
flood data.
B. Within all SFHAs identified as A Zones (no 100-year flood elevation and/or floodway/floodway
fringe delineation has been provided) the total cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase the
regulatory flood elevation more than one-tenth (0.1) of one foot and will not increase flood
damages or potential flood damages.
C. Public Health Standards in all SFHAs:
2.
I. No development in the SFHA shall include location or storing chemicals, explosives,
buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials
below the Flood Protection Grade (FPG), unless such materials are stores in a storage
tank or floodproofed building constructed according to the requirements of Section 22.08
of this Ordinance.
2. New and replacement sanitary sewer lines and on-site waste disposal systems may be
pemlitted providing all manholes or other above ground openings located below the FPG
are watertight.
22.07 Protecting F-xisting RnildinfS.
In addition to the damage prevention requirements of Section 22.06, all buildings to be located in the
SFHA shall be protected from flood damage below the FPG.
Chapter 22: Flood Hazard Districts
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CITY OF CARMEL & CLAY TOWNSIllP ZONING ORDINANCE
This building protection requirement applies to the following situations:
1. construction or placement of any new building having an enclosed area greater than four
hundred (400) square feet;
2. structural alterations made to:
a. an existing (previously unaltered) building, the cost of which equals or exceeds
fifty percent (50%) of the value of the pre-altered building (excluding the value
of the land);
b. any previously altered building;
3. 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; and,
4. placement of a recreational vehicle on a site for more than one hundred eighty (180)
days.
B. This building protection requirement may be met by one of the following methods. The Director
shall maintain a record of compliance with these building protection standards as required in
Section 22.03 of this Ordinance.
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1. A residential or non-residential building may be constructed on a permanent grade or fill
in accordance with the following:
a. The fill shall be placed in layers no greater than one (1) foot deep before
compacting to ninety-five percent (95%) of the maximum density obtainable
with the Standard Proctor Test method.
The fill should extend at least ten (10) feet beyond the foundation of the
building before sloping below the FPG.
The fill shall be protected against erosion and scour during flooding by
vegetative cover, riprap, or buIkheading. If vegetative cover is used, the slopes
shall be no steeper than three (3) horizontal to one (1) vertical.
The fill shall not adversely affect the flow of surface drainage from or onto
neighboring properties.
The lowest floor (see definition of Lowest Floor) shall be at or above the FPG.
2. A residential or non-residential building may be elevated in accordance with the
following:
a. 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 floor shall be designed to
automatically equalize hydrostatic flood forces on the walls by
allowing for the entry and exit of flood waters, through providing a
minimum of two (2) openings (in addition to doorways and windows)
having a total area of one (1) square inch for every one (1) square foot
of enclosed area subject to flooding. The bottom of all such openings
shall be no higher than one (1) foot above grade.
2) Any enclosure below the elevated floor is used for storage of vehicles
and building access.
b. The foundation and supporting members shall be anchored and aligned in
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relation to flood flows and adjoining structures so as to minimize exposure to
known hydrodynamic forces such as current, waves, ice, and floating debris.
c. All areas below the FPG shall be constructed of materials resistant to flood
damage. The lowest floor (including basement) and all electrical, heating,
ventilating, plumbing, and air conditioning equipment and utility meters shall be
located at or above the FPG. Water and sewer pipes, electrical and telephone
lines, submersible pumps, and other waterproofed service facilities may be
located below the FPG.
3. Manufactured homes and travel trailers (also called recreational vehicles) to be installed
or substantially improved on a site for more than one hundred eighty (180) days must
meet one ofthe following anchoring 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 of 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.
The manufactured home shall be elevated so that the lowest floor of the
manufactured home chassis is supported by reinforced piers or other foundation
elements that are no less than thirty-six (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 manufactures 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 site shall either:
a. be on the site for less than one hundred eighty (180) consecutive days;
b. be fully licensed and ready for highway use (defmed as being on its wheels or
jacking system, is attached to the sits only by quick disconnect type utilities and
security devices, and has no permanently attached additions); or,
b.
c. meet the requirements for "manufactured homes" in paragraph 3 of this
Section.
5. A non-residential building may be floodproofed to the FPG (in lieu of elevating) if done
in accordance with the following:
a. A Registered Professional Engineer shall certify that the building has been
designed so that below the FPG, the structure and attendant utility facilities are
watertight and capable of resisting the effects of the regulatory flood. The
building design shall take into account flood velocities, duration, rate of rise,
static pressures, and impacts from debris or ice.
Chapter 22: Flood Hazard Districts
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b. Floodproofing measures shall be operable without human intervention and
without an outside source of electricity.
Sec. 22.07 amended per Ordinance No. Z-339; Z-401-03, M-h.
22.08 Othp.r Dp.vp.lnpmp.nt Rf".qJlirp.mp.nts.
A. The Director shall review all proposed subdivisions to determine whether the subdivision lies in a
SFHA. If the Director finds the subdivision to be so located, the Director shall forward plans and
materials to the Indiana Department of Natural Resources for review and comment. The
subdivision Development Plan shall show:
I. consistency with the need to minimize flood damages;
2. all public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage;
3. adequate drainage will be provided so as to reduce exposure to flood hazards;
4. on-site waste disposal systems, if provided, will be so located and designed to avoid
impairment of them or contamination from them during the occurrence of the regulatory
flood.
B. Developers shall indicate the I DO-year flood elevation on all subdivision plats containing lands
identified as SFHA prior to submitting the plats for approval by the Plan Commission.
22.09
V3rilm~es.
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The Board of Zoning Appeals may issue a variance to the terms and provisions of this Ordinance subj ect to
the following standards and conditions:
I. No variance or exception for a residential use within a floodway subject to Section 22.06 (a) or
(b) may be granted.
2. Any variance or exception granted in a floodway subject to Section 22.06 (a) or (b) will require a
permit from Natural Resources.
3. Variances or exceptions to the Building Protection Standards of Section 22.07 may be granted
only when a new structure is to be located on a lot of one-half (Y2) acre or less in size, contiguous
to and surrounded by lots with existing structures constructed below the Flood Protection Grade.
4. Variance or exception may be granted for the reconstruction or restoration of any structure
individually listed on the Register of Historic Places or the Indiana State Survey of Historic
Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects;
5. All variances shall give the maximum relief necessary and be such that the maximum practical
flood protection will be given to the proposed construction; and
6. The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or
exception that the proposed construction will be subject to increased risks to life and property and
could require payment of excessive flood insurance premiums.
22.10 Disdllimer ofT illhility.
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
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Chapter 22: Flood Hazard Districts
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part of the community, the Department of Natural Resources, or the State ofIndiana, for any flood damage
that results from reliance on this Ordinance or any administrative decision made lawfully thereunder.
Sec. 22.10 amended per Ordinance No. Z-401-03, *i.
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22.11 Viollltion!;.
Failure to obtain an Improvement Location Permit in the SFHA or failure to comply with the requirements
of a permit or conditions of a variance shall be deemed to be a violation of this 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 Carmel/Clay Township, and shall be subject to citation and fine in accordance
with Chapter 34: Zoning Violations.
A. A separate offense shall be deemed to occur for each day the violation continues to exist.
B. The Carmel/Clay Plan Commission 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.
C. Nothing herein shall prevent the City of Carmel/Clay Township from taking such other lawful
action to prevent or remedy any violations. All costs connected therewith shall accrue to the
person or persons responsible.
Sec. 22.11 amended per Ordinance No. Z-339j Z-401-03, ~.
22.12 Ahrogation and C'TTeater Re!;triction!;,
This Ordinance repeals and replaces other ordinances adopted by the City Council to fulfill the
requirements of the National Flood Insurance Program. However, this Ordinance does not repeal the
original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this Ordinance
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Ordinance
or other Ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the
more restrictive restrictions shall take precedence. In addition, the City Council shall assure that all
National Flood Insurance regulations (Contained in 44 CFR 60.3) and State Floodplain Management
regulations and laws (312 lAC 1O,IC 14-28-1 and IC 14-28-3) are met.
Sec. 22.12 amended per Ordinance No. Z-401-03, *k.
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22.13 Sf'.pllrnhility.
The provisions and sections of this Ordinance shall be deemed separable and the invalidity of any portion
of this Ordinance shall not affect the validity of the remainder.
22.14 Fffective Date.
This Ordinance shall take effect upon its passage by the Common Council for the City of Carmel.
A. All prior Ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby
repealed.
B. This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
Chapter 22: Flood Hazard Districts
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22.15 Detinitionl:.
BUILDING - see "STRUCTURE"
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A.
B. DEVELOPMENT - any man-made change to improved or unimproved real estate including but
not limited to:
I. construction, reconstruction, or placement of a building or any addition to a building;
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 one hundred eighty (180) days;
3. installing utilities, erection of walls or 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.
C.
"Development" does not include activities such as the maintenance of existing buildings 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 buildings.
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 this ordinance.
D.
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).
FBFM - Flood Boundary and Floodway Map.
FEMA - Federal Emergency Management Agency.
FHBM - Flood Hazard Boundary Map.
FIRM - Flood Insurance Rate Map.
FLOOD - 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.
FLOODPLAIN - the channel proper and the areas adjoining any wetland, lake or watercourse
which have been and hereafter may be covered by the regulatory flood. The floodplain includes
both the floodway and the floodway fringe districts.
FLOOD PROTECTION GRADE or the "FPG" - the elevation of the regulatory flood plus two
(2) feet at any given location in the SFHA.
FLOODW A Y - the channel of a river or a stream and those portions of the floodplains adjoining
the channel which are reasonably required to efficiently carry and discharge the peak flood flow
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Chapter 22: Flood Hazard Districts
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CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
of the regulatory flood of any river or stream.
FLOODW A Y FRINGE - those portions of the floodplain lying outside the floodway.
LETTER OF MAP AMENDMENT (LOMA) - an amendment to the currently effective FEMA
map that establishes that a property is not located in a Special Flood Hazard Area (SFHA). A
LOMA is only issued by FEMA.
LETTER OF MAP REVISION (LOMR) - an official revision to the currently effective FEMA
map. It is issued by FEMA and changes flood zones, delineations, and elevations.
P. LOWEST FLOOR - means the lowest of the following:
1. the top of the basement floor;
2. the top of the garage floor, if the garage is the lowest level of the building;
M.
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3. the top of the first floor of buildings elevated on pilings or constructed on a crawl space
with permanent openings; or,
4. the top of the floor level of any enclosure below an elevated building where the walls of
the enclosure provided 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 (2) openings (in addition to doorways and windows) having a
total area of one (1) square inch for every one (1) square foot of enclosed area
subject to flooding. The bottom of all such openings shall be no higher than one
(1) foot above grade.
b. such enclosed space shall be usable for the parking of vehicles and building
access.
Q.
MANUFACTURED HOME - means a structure, transportable in one or more sections, which is
built on a pennanent 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."
R. 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 this ordinance.
S. RECREATIONAL VEHICLE - means a vehicle which is:
I. built on a single chassis;
2. four hundred (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.
T. REGULATORY FLOOD - means the flood having a one percent (1%) probability of being
equaled to exceeded in any given year, as calculated by a method and procedure which is
acceptable to and approved by the Indiana Natural Resources Commission and the Federal
Emergency Management Agency. The regulatory flood elevation at any location is as defined in
Section 22.04 of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood."
Chapter 22: Flood Hazard Districts
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SFHA or SPECIAL FLOOD HAZARD AREA - means those lands within the jurisdiction of the
City that are subject to inundation by the regulatory flood. The SFHAs of the City are generally
identified as such on the Flood Insurance Rate Map of the City prepared by the Federal
Emergency Management Agency and dated February 19, 2003.
V. 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 one
hundred eighty (180) days.
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W. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other
improvement ofa structure, the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure before the "start of construction" of the improvement. This term includes
structures that have incurred "substantial damage" regardless of the actual repair work performed.
The term does not include improvements of structures to correct existing violations of state or
local health, sanitary, or safety code requirements of any alterations of a "historic structure,"
provided that the alteration will not preclude the structure's continued designation as a "historic
structure. "
Sec. 22.15 adopted per Ordinance No. Z-311. Amended per Ordinance No. Z-339; Z-401-03, ~l-m.
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Chapter 22: Flood Hazard Districts
22-11
as adopted per Z-287 and amended per Z-311,Z-339, Z-401-03
Winter 2003 vI
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CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE
CHAPTER 22: FLOOD HAZARD DISTRICTS
AMENDMENT LOG
Ordinance No. Docket No. C.onnp.il Approval Fffedive Date Sectiom Affected
Z-311
Z-339
Z-401-03 150-02a OA January 6, 2003 January 6, 2003 22.03; 22.04; 22.05;
22.07; 22.10; 22.11;
22.12; 22.15
Winter 2003 vI
Chapter 22: Flood Hazard Districts
22-12
as adopted per Z-287 and amended per Z-311, Z-339, Z-401-03
Winter 2003 vI
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