Received 11/18/15 Clerk-Treasurer email Auburn in 46706 ordinance no. 2015-15 an ordinance to amend portions of chapter 150 of title XV: land usage of the auburn city code



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150.495 VARIANCES


  1. The Board of Zoning Appeals may grant or deny variances from the regulations contained in this subchapter through the Department of Building, Planning and Development application process. Variances may be granted for:

    1. a setback for a sign that is less than the required setback

    2. to increase the maximum height or area allowed.

  2. The Board of Zoning Appeals may grant a variance authorized by this section only if it finds in writing that:

    1. Approval will not be injurious to the public health, safety, morals, and general welfare of the community;

    2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

    3. The need for the variance arises from some condition peculiar to the property involved;

    4. The strict application of the terms of the ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought;

    5. The approval does not interfere substantially with the master plan adopted by the city; and

    6. The unnecessary hardship referred to in subdivision (4) above is due to the exceptional narrowness, shallowness, shape, location, or topography of the location of the proposed sign.



150.497 SIGN PERMIT FEES


Permanent Signs:

On Premise

$50.00 + $0.50 per square foot over 100 square feet in size

Off Premise

$100.00 + @1.00 per square foot over 100 square feet in size

Home Occupation

$25.00

Directional/Informational/Incidental

$25.00

Tourist & Event Directional*

$25.00


Temporary Signs:

Short Term Business Main

$50.00

Subdivision Construction

$75.00

Real Estate Subdivision

$75.00

*Signs placed in the City of Auburn’s Road Right-of-Way are subject to Board of Public Works and Safety approval and include an annual pro-rated fee of $24.00 yearly.

150.500 PENALTY


Violation of any provision of this chapter shall result in the application of the enforcement and penalty provisions of 150.660 Enforcement and penalties of the Zoning Code of Ordinances under Administration and Enforcement.

NON-CONFORMING STRUCTURES AND USES



150.510 STRUCTURES AND USES AFFECTED BY ZONING


  1. No structure or part thereof shall hereafter be constructed, erected, placed, moved, maintained or altered; and no land use commenced or continued within the city except as specifically, or by necessary implication, authorized by this chapter.

  2. Whenever, in the course of the administration and enforcement of this chapter, it becomes necessary or desirable to make any administrative decision, then, unless other standards are provided in this chapter, the decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter.



150.520 CONTINUANCE OF NON-CONFORMING STRUCTURES AND USES


  1. INTENT

Within the districts established by this chapter or by amendments that may later be adopted, there exist: Non-conforming structures; non-conforming uses of land; and non-conforming uses of structures, or structures and land in combination which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments hereto. It is the intent of this chapter to permit these non-conforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that non-conforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses which are prohibited elsewhere in the same district.

  1. Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.



150.530 NON-CONFORMING STRUCTURES


  1. Where a lawful structure exists, at the effective date of adoption or amendment of this chapter, that could not now be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful.

  2. A structure, non-conforming as to height, yard, or lot area requirements, shall not be added to or enlarged in any manner unless such addition or enlargement conforms to all the requirements of the district in which it is located.

  3. No non-conforming structure shall be moved in whole or in part to any other location on the lot on which it is located unless every portion of such structure is made to conform to all requirements of the district in which it is located.

  4. A non-conforming structure lawfully existing upon the effective date of adoption or amendment of this chapter may be maintained, except as otherwise provided in this section.

  5. A non-conforming structure may be repaired or altered, provided no structural change shall be made.

  6. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any non-conforming structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety upon order of such officer, provided the repair conforms with 150.540. If a non-conforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.



150.531 NON-CONFORMING USES OF LAND


Where at the time of adoption or amendment of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful provided:

  1. No such non-conforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

  2. No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this chapter.

  3. No additional structure, which does not conform to the requirements of this chapter, shall be erected in connection with such non-conforming uses of land.



150.532 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION


If a lawful use of a structure or structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the district in which it is located under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

  1. A non-conforming use of a structure, designed for a conforming use, shall not be expanded or extended into any other portion of such conforming structure nor changed except to a conforming use.

  2. If no structural alterations are made, any non-conforming use of a structure or structure and land in combination may, upon appeal to the Board of Zoning Appeals, be changed to another non-conforming use provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate, or more appropriate, to the district than the existing non-conforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this chapter.

  3. Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.

  4. Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.



150.533 CONFORMING MOBILE HOME COURTS


Any mobile home court which existed upon the effective date of adoption or amendment of this chapter and which is located in a district which permitted a mobile home court either as a permitted use, or by special exemption, shall be regarded as conforming use and may be continued except that any change in layout, expansion or extension shall be subject to all provisions of this chapter.

150.534 NON-CONFORMING VARIANCE AND AVOIDANCE OF UNDUE HARDSHIP


  1. The Board of Zoning Appeals may authorize, upon appeals in specific cases, such variance from the terms of this section as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done, no action shall be taken or decision made, except after public nearing.

  2. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has been carried on diligently. Where demolition or removal of an existing building has been substantially begun, and/or preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. Actual construction is hereby defined as work done which is beyond the preparation stage, and which is into that stage where the changes or additions are made permanent.

  3. The Board may permit a non-conforming use to be changed to any use found within the same zoning classification that the original non-conforming use would have been legally permitted in, or to a use permitted within a more restrictive zoning classification.

  4. No building damaged by fire, or other causes, to the extent that its restoration will cost more than double its assessed valuation, shall be repaired or rebuilt except to conform to the provisions of this chapter.



150.550 NON-CONFORMANCE DUE TO RECLASSIFICATION


The provisions of this subchapter shall also apply to structures and uses which hereafter become non-conforming due to any zoning reclassification, or inclusion pursuant to this chapter, or any change in the provisions in this chapter.
ADMINISTRATION AND ENFORCEMENT

150.610 ADMINISTRATION


The City of Auburn Department of Building, Planning and Development shall provide the staff as needed for the Plan Commission. The City of Auburn Department of Building, Planning and Development shall be responsible for the administration of the provisions of this chapter.

150.611 PLAN COMMISSION


  1. MEMBERSHIP

    1. All members of the Plan Commission shall be either residents of the City of Auburn or its extraterritorial jurisdiction. The Commission shall be made up of 11 members as follows:

      1. One member appointed from the Common Council.

      2. One member appointed from the Park Board.

      3. One member or designated representative appointed by the Board of Public Works and Safety.

      4. The Engineer or a qualified assistant appointed by the Engineer.

      5. Five citizen members, of whom no more than three may be of the same political party, appointed by the city's Mayor.

      6. Two citizen members not of the same political party and of whom must reside within the extraterritorial jurisdiction, appointed by the DeKalb County Commissioners.

    2. A designated representative of the Commission shall serve as an advisory member of the County Plan Commission. This provision is according to IC 36-7-4-213 as may be amended from time to time.

    3. Term of office

The term of office of the Commission shall be governed by IC 36-7-4-217 as the same may be amended from time to time for those members appointed from the membership of the Common Council, Park Board, and Board of Public Works and Safety, and by IC 36-7-4-218 as the same may be amended from time to time for citizen appointed members and by IC 36-7-4-214 as the same may be amended from time to time for those members appointed from the membership of the DeKalb County Commissioners..

  1. ORGANIZATION

The organization and procedures of the Commission, for the purposes of this chapter, shall be governed by the provisions of IC 36-7-4, as the same may be amended from time to time, and any rule or regulation duly adopted by the Commission.

  1. POWERS AND DUTIES

The duties of the Commission are governed by IC 36-7-4-401(a) as the same may be amended from time to time. In addition, the Commission shall:

    1. As an Advisory Plan Commission, within the meaning of that term as used in IC 36-7-4, as the same shall be amended from time to time, hear and make recommendations to the Board of Public Works and Safety concerning all matters allowed or required under state law, including by way of illustration and not by limitation, amendments to this chapter and the City Master Plan;

    2. Hear and determine all development plans which are required to be submitted under this chapter;

    3. Be authorized and empowered to do and perform any act which is required or allowed under state law;




    1. Be authorized and empowered to adopt, without public notice or hearing, any rules or regulations allowed or required under IC 36-7-4, as the same may be amended from time to time, or such other rules or regulations as the Commission may deem necessary or advisable for the effective administration of its duties under state law;

    2. Be authorized and empowered to appoint a President, Vice-President, Secretary and such other positions as are necessary for the discharge of the duties of the Commission; and to prescribe any duties or responsibilities for such positions, subject to the requirements and limitations prescribed under this chapter and under state law.



150.612 Department of Building, Planning and Development


The Department of Building, Planning and Development shall provide the staff support for the Plan Commission and the Board of Zoning Appeals. The staff shall consist of the Department Administrator, Zoning Administrator, Administrative Assistant(s), and other individuals assigned by the Administrator as are necessary for the discharge of duties within the Department, subject to the requirements and limitations prescribed under this chapter and under state law.

POWERS AND DUTIES

The Department of Building, Planning and Development shall:



  1. Be empowered to enforce and, if necessary, prosecute any actions for violations of this chapter, in the manner and form and with the powers provided under this chapter;

  2. Be authorized and empowered to issue to qualified applicants such permits permitted or required under the provisions of this chapter;

  3. Be authorized and empowered to do and perform such acts as may be required or prescribed under the provisions of this chapter, or by the Commission under rules or regulations duly adopted, or otherwise;

  4. Approve or deny all sign permit applications.



150.613 BOARD OF ZONING APPEALS


  1. MEMBERSHIP

    1. All members of the Advisory Board of Zoning Appeals shall be either residents of the City of Auburn or its extraterritorial jurisdiction. The Board shall be made up of five members as follows:

      1. Three citizen members appointed by the Mayor, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission.

      2. One citizen member appointed by the Common Council, who must not be a member of the Plan Commission.

      3. One citizen member appointed by the Plan Commission, who must be a member of the Commission and a resident of the extraterritorial jurisdiction other than the member appointed in (1)(a) above.

    2. Term of office

The term of office of the Board shall be governed by IC 36‑7‑4‑906 and IC 36-7-4-903 as may be amended from time to time.

  1. ORGANIZATION

The organization and procedures of the Board, for the purposes of this chapter, shall be governed by the provisions of IC 36‑4‑4, as the same may be amended from time to time, and any rule or regulation duly adopted by the Board.

  1. POWERS AND DUTIES

The powers and duties of the Board are governed by IC 36-7-4-900 et seq. (Board of Zoning Appeals). In addition, the Board shall:

    1. Hear and determine appeals from and review any order, requirement, decision or determination made by the Administrator/Zoning Administrator and any other administrative official or Board charged with the enforcement of this chapter or any regulation adopted pursuant hereto;

    2. Permit and authorize contingent uses and special uses subject to, and within the limitations prescribed by, the provisions of this chapter;

    3. Authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter shall be observed and substantial justice done; however, no action shall be taken or decision made except after public hearing.

    4. Be authorized to do and perform any act or duty which is required or allowed under state law;

    5. Be empowered to adopt, without public notice or hearing, any rules or regulations allowed or required under IC 36-7-4, as the same may be amended from time to time, or such other rules or regulations as the Board may deem necessary or advisable for the effective administration of its duties under this chapter or under state law.

    6. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all powers of the officer or Board from whom the appeal is taken. It may impose such conditions regarding the location, character, and other features of the proposed building, structure or use with which the appeal before it is concerned as it may deem advisable in the furtherance of the purposes of this chapter and the protection of the public convenience and welfare.

    7. The Board may appoint a Secretary and such positions as are necessary for the discharge of its duties.



150.620 AMENDMENTS TO ZONING CODE


  1. PROCEDURE

Petitions requesting an amendment or repeal of this chapter:

    1. Shall be filed with the Department of Building, Planning and Development and shall be in the form prescribed by the Plan Commission;

    2. May only be filed by those persons or entities enumerated in IC 36‑7‑4, as the same may be amended from time to time;

    3. Shall be heard and acted upon by the Commission in accordance with the provisions of IC 36‑7‑4, as the same may be amended from time to time, and by rule or regulation duly adopted by the Commission.

  1. NOTIFICATION OF PUBLIC HEARING

    1. Legal notice by publication of said public hearing on the petition shall be given in accordance with IC 5‑3‑1;

    2. The Commission shall also give such notice to interested persons as may be required by rules or regulations duly adopted by the Commission;

    3. Notice of the date, place and time of the public hearing shall be sent to public agencies having probable interest therein, requesting their comments with regard to the petition proposed.



150.630 IMPROVEMENT LOCATION PERMIT


  1. No structure, improvement or use of land may be altered, changed, placed, erected or located on platted or unplatted lands, unless the structure, improvement or use and its location conform with the city comprehensive plan and zoning ordinances and an improvement location permit for that structure, improvement or use has been issued. That permit shall be valid for one year after date of issuance. The Administrator/Zoning Administrator shall have the power to renew the improvement location permit.

  2. The Administrator/Zoning Administrator shall issue an improvement location permit, upon written application, when the proposed structure, improvement or use and its location conform in all respects to the city comprehensive plan.

  3. Every application for an improvement location permit shall be accompanied by:

    1. A site plan drawn to scale showing the ground area of the building or structure, the building lines in relation to lot lines, the number of stories or the height of building or structure, the use to be made of the building, or structure, or land, and all other information required by the Administrator/Zoning Administrator for the proper enforcement of this chapter.

    2. The site plan shall be attached to the application for an improvement location permit when it is submitted to the Administrator/Zoning Administrator and shall be retained by the Plan Commission as a public record.

    3. Before issuance of any improvement location permit, the Administrator/Zoning Administrator shall have evidence that all local, state and federal approvals have been met.

  4. Any decision of the Administrator/Zoning Administrator concerning the issuance of an improvement location permit may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by that decision.

  5. The issuance of an improvement location permit cannot substitute for or supersede the requirement of any ordinance adopted by the Common Council which requires the issuance of a building permit before the construction of any building or structure. The issuance of an improvement location permit does not waive any requirement of any pertinent municipal, county, state or federal ordinance, rule, regulation or law.



150.640 CERTIFICATE OF OCCUPANCY


  1. No occupancy, use or change of use, except buildings incidental to non‑residential agricultural uses and public utility lines and supports shall take place until a certificate of occupancy shall have been applied for in writing and issued by the Administrator or his/her designee in the following cases:

    1. Occupancy and use of a building or structure hereafter erected or enlarged

    2. Change in use of an existing building or structure

    3. Occupancy and use of vacant land, except for the raising of crops

    4. Change in the use of land to use a different classification except for the raising of crops

    5. Any change in use to a non‑conforming use

  2. Certificates of occupancy must be applied for within ten days of a contemplated change in use of a building or land. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefore shall be issued within five days after the application for the same has been made.

  3. All applications for certificates of occupancy shall be consecutively numbered and either bound in numbered volumes or filed electronically. These records shall be open to public inspection and copying.



150.650 FEES


  1. Applications filed pursuant to the provisions of this chapter requiring Plan Commission or Board of Zoning Appeals action shall be accompanied by the filing fees specified by the fee schedule adopted by Commission rule. The fee schedule shall not be a part of this chapter and may be revised annually by Commission rule.

  2. Fees may be applied, but not limited to, the following applications:

    1. Variance application.

    2. Special use permit application.

    3. Contingent use permit application.

    4. Sign permit application.

    5. Improvement location permit application.

    6. Certificate of occupancy application.

    7. Development plan application.

    8. Amendment to approved development plan if public hearing is necessary.

    9. Application to amend this chapter.

    10. Application to appeal an order, requirement, decision or determination made by the Zoning Administrator.



150.660 ENFORCEMENT AND PENALTIES


  1. ENFORCEMENT

    1. It shall be the duty of the Administrator/Zoning Administrator to enforce the provisions of this chapter in the manner and form and with the powers provided by this chapter.

    2. All departments, officials and employees of the city which are vested with the duty of authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

    3. The Administrator/Zoning Administrator or the Board, or with respect to the development plan, the Administrator/Zoning Administrator or the Commission, shall also have the discretionary power to issue an order for proceedings and work on any structure, premises, land or lot which is in violation of this chapter, to be immediately stayed, and to call upon the police power of the city to give effect to such order. A decision by the Administrator/Zoning Administrator to issue such an order may be appealed to the Board, or with respect to a development plan, to the Commission; however, the decision of the Administrator/Zoning Administrator to issue a stay order shall remain in effect during the pending of the appeal, and thereafter unless modified or revoked by the Board, or if applicable, the Commission. A violation of such an order issued by the Administrator/Zoning Administrator, the Board or the Commission shall be considered a violation of this chapter.

  2. PENALTIES

    1. Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise, who violates any provisions of this chapter shall be guilty of a zoning ordinance violation. Such person shall, upon conviction, be punished by a fine of not more than $2,500 for each offense. Each day of the existence of any violation of this chapter shall be a separate offense.

    2. The erection, construction, enlargement, conversion, moving or maintenance of any building or structure, and the use of any land or building which is continued, operated or maintained contrary to any provision of this chapter is hereby declared to be a nuisance and an unlawful violation of this chapter. The Administrator/Zoning Administrator may institute a suit for injunction in the Circuit Court, or any Superior Court of DeKalb County, to restrain any person or governmental unit from violating any provision of this chapter; and to cause any such violation to be prevented, abated or removed. Such action may also be instituted by any property owner who may be especially damaged by the violation of any provision of this chapter.

    3. The Board of Zoning Appeals may also bring an action in the Circuit Court or Superior Court of DeKalb County, for a mandatory injunction directing a person who violates, or is liable for a violation, of this chapter, to remove a structure erected, used or maintained in violation of this chapter.

    4. Any sign erected or maintained contrary to or in violation of the provisions of this chapter shall be declared and hereby is declared to be a common nuisance. The owner of any sign or the owner of the land or premises upon which it is located shall be liable for maintaining a common nuisance.

    5. If any sign is unlawfully erected, altered or maintained, the Administrator/Zoning Administrator or any officer of the city may enter onto that property and take appropriate action to bring the sign or property into compliance with the provisions of this chapter. However, before action to bring compliance may be taken, all persons holding a substantial interest in the sign or property must be given notice by certified mail and a reasonable opportunity to bring the sign or property into compliance.

    6. The Plan Commission, the Board of Zoning Appeals or any officer of the city may also institute a civil action to enjoin any person who erects or maintains a sign in violation of the provisions of this chapter or may institute an action for mandatory injunction for the purpose of having the sign erected or maintained in violation of this chapter removed.

    7. The remedies provided for in this section shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.


FLOODPLAIN MANAGEMENT

150.710 Statutory Authorization, Findings of Fact, Purpose, Objectives, and Floodplain Overly Districts


  1. Statutory authorization

The Indiana Legislature has in IC 36‑7‑4 granted the power to local units of government to control land use within their jurisdictions.

  1. Findings of Fact

    1. The flood hazard areas of The City of Auburn are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.




    1. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages.

  1. Statement of Purpose

It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

    1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities;

    2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

    3. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

    4. Control filling, grading, dredging, and other development which may increase erosion or flood damage;

    5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and,

    6. Make federally subsidized flood insurance available for structures and their contents in the City of Auburn by fulfilling the requirements of the National Flood Insurance Program.

  1. Objectives

The objectives of this ordinance are:

    1. To protect human life and health;

    2. To minimize expenditure of public money for costly flood control projects;

    3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

    4. To minimize prolonged business interruptions;

    5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains;

    6. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas, and;

    7. To ensure that potential homebuyers are notified that property is in a flood area.

  1. Flood overlay districts

The Floodplain Overlay Districts are established as "overlay" districts, meaning that this type of district is overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district. In other words, any of the permitted uses identified in this subchapter (150.700) shall also be permitted by the zoning regulations for the district for which the use is to be placed.

150.720 Definitions


Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance it’s most reasonable application. The definitions contained herein apply to application of Section 150 of the Auburn City Code and not necessarily to other chapters or sections of the code.

ZONE

Means portions of the Special Flood Hazard Areas (SFHA) in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM or FHBM. The definitions are presented below:



Zone A: Areas subject to inundation by the one-percent annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. Mandatory flood insurance purchase requirements apply.

Zone AE and A1-A30: Areas subject to inundation by the one-percent annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. Mandatory flood insurance purchase requirements apply. (Zone AE is on new and revised maps in place of Zones A1-A30.)

Zone AO: Areas subject to inundation by one-percent annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.

Zone AH: Areas subject to inundation by one-percent annual chance shallow flooding (usually areas of ponding) where average depths are 1-3 feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.

Zone AR: Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Mandatory flood insurance purchase requirements apply.

Zone A99: Areas subject to inundation by the one-percent annual chance flood event, but which will ultimately be protected upon completion of an under-construction Federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. Mandatory flood insurance purchase requirements apply.
ACCESSORY STRUCTURE (appurtenant structure)

Means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.



ADDITION (to an existing structure)

Means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.



APPEAL

Means a request for a review of the floodplain -zoning administrator’s interpretation of any provision of this ordinance or a request for a variance.



AREA OF SHALLOW FLOODING

means a designated AO or AH Zone on the community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.



BASE FLOOD ELEVATION (BFE)

Means the elevation of the one-percent annual chance flood.



BASEMENT

Means that portion of a structure having its floor sub-grade (below ground level) on all sides.



BUILDING ‑ see "Structure."
COMMUNITY

Means a political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.



COMMUNITY RATING SYSTEM (CRS)

Means a program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.



CRITICAL FACILITY

Means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.



DEVELOPMENT

Means any man‑made change to improved or unimproved real estate including but not limited to:



    1. Construction, reconstruction, or placement of a building or any addition to a structure;

    2. Installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days;

    3. Installing utilities, erection of walls and fences, construction of roads, or similar projects;

    4. Construction of flood control structures such as levees, dikes, dams, channel improvements, and the like;

    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‑roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.

ELEVATED STRUCTURE

Means a non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).



ELEVATION CERTIFICATE

Is a certified statement that verifies a structure’s elevation information.



EMERGENCY PROGRAM

Means the first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.



ENCROACHMENT

Means the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.



EXISTING CONSTRUCTION

Means any structure for which the “start of construction” commenced before effective date of the community’s first floodplain ordinance.



EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

Means manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance.



EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

Means preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes to be affixed (including the installation of utilities the construction of streets, and either final site grading or the pouring of concrete pads).



FEMA

Means Federal Emergency Management Agency.



FIVE-HUNDRED YEAR FLOOD (500-year flood)

Means the flood that has a 0.2 percent chance of being equaled or exceeded in any year.



FLOOD

Means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.



FLOOD BOUNDTRY and FLOODWAY MAP (FBFM)

Means an official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.



FLOOD HAZARD BOUNDRY MAP (FHBM)

Means an official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A.



FLOOD INSURANCE RATE MAP (FIRM)

Means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.



FLOOD INSURANCE STUDY (FIS)

Is the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.



FLOODPLAIN

Means the channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe districts.



FLOODPLAIN MANAGEMENT

Means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.



FLOODPLAIN MANAGEMENT REGULATIONS

Means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain management regulations are also referred to as floodplain regulations, floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements.



FLOOD PROTECTION GRADE (FPG)

Is the elevation of the regulatory flood plus two feet at any given location in the SFHA. (see “Freeboard”)



FLOODPROOFING (dry floodproofing)

Is a method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the flood proofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.



FLOOD PROOFING CERTIFICATE

Is a form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a Registered Professional Engineer or Architect.



FLOODWAY

Is the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.



FREEBOARD

Means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.



FRINGE

Means those portions of the floodplain lying outside the floodway.



FUNCTIONALYY DEPENDENT FACILITY

Means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.



HARDSHIP (as related to variances of this ordinance)

Means the exceptional hardship that would result from a failure to grant the requested variance. The Board of Zoning Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.



HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.


HISTORIC STRUCTURE

Means any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects.



INCREASED COST OF COMPLIANCE (ICC)

Means the cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.



LETTER OF MAP AMENDMENT (LOMA)

Means 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.



LETTER OF MAP REVISION BASED ON FILL (LOMR-F)

Means an official revision by letter to an effective NFIP map. A LOMR-F provides FEMA’s determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.



LOWEST ADJACENT GRADE

Means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.



LOWEST FLOOR

Means the lowest of the following:



    1. the top of the lowest level of the structure;

    2. the top of the basement floor;

    3. the top of the garage floor, if the garage is the lowest level of the structure;

    4. the top of the first floor of a structure elevated on pilings or pillars;

    5. the top of the first floor of a structure constructed with a crawl space, provided that the lowest point of the interior grade is at or above the BFE and construction meets requirements of 6. a.; or

    6. the top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless:

      1. the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total net area of one (1) square inch for every square foot of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade; and,

      2. such enclosed space shall be usable solely for the parking of vehicles and building access.


MANUFACTURED HOME

Means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "MANUFACTURED HOME" does not include a recreational vehicle.



MANUFACTURED HOME PARK OR SUBDIVISION

Means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.



MAP AMENDMENT

means a change to an effective NFIP map that results in the exclusion from the SFHA of an individual structure or a legally described parcel of land that has been inadvertently included in the SFHA (i.e., no alterations of topography have occurred since the date of the first NFIP map that showed the structure or parcel to be within the SFHA).



MAP PANEL NUMBER

Is the four-digit number followed by a letter suffix assigned by FEMA on a flood map. The first four digits represent the map panel, and the letter suffix represents the number of times the map panel has been revised. (The letter “A” is not used by FEMA, the letter “B” is the first revision.)



MARKET VALUE

Means the building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.



MITIGATION

Means sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.



NATIONAL FLOOD INSURANCE PROGRAM (NFIP)

Means the federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the Federal Government and the private insurance industry.



NATIONAL GEODETIC VERICAL DATUM (NGVD)

As corrected in 1988 (FIRM) is a vertical control used as a reference for establishing varying elevations within the floodplain.



NEW CONSTRUCTION

Means any structure for which the “start of construction” commenced after the effective date of the community’s first floodplain ordinance.



NEW MANUFACTURED HOME PARK OR SUBDIVISION

Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance.



NORTH AMERICAN VERTICAL DATUM of 1988 (NAVD 88)

As adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain.



OBSTRUCTION

includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.



ONE-HUNDRED YEAR FLOOD (100-year flood)

Is the flood that has a one percent (1%) chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood. See “Regulatory Flood”.



ONE-PERCENT ANNUAL CHANCE FLOOD

Is the flood that has a one percent (1%) chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood. See “Regulatory Flood”.



PARTICIPATING COMMUNITY

Is any community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.



PHYSICAL MAP REVISION (PMR)

Is an official republication of a community’s FEMA map to effect changes to base (1-percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and plan metric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.



POST-FIRM CONSTRUCION

Means construction or substantial improvement that started on or after the effective date of the initial FIRM of the community or after December 31, 1974, whichever is later.



PRE-FIRM CONSTRUCTION

Means construction or substantial improvement, which started on or before December 31, 1974, or before the effective date of the initial FIRM of the community, whichever is later.



PROBATION

Is a means of formally notifying participating communities of violations and deficiencies in the administration and enforcement of the local floodplain management regulations.



PUBLIC SAFETY and NUISANCE

Is anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.



RECREATIONAL VEHICLE

means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self‑propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.



REGULAR PROGRAM

Means the phase of the community’s participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.



REGULATORY FLOOD

Means the flood having a one percent (1%) chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in 150.730 (B) of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood”, “One-Percent Annual Chance Flood”, and “100-Year Flood”.



REPETITIVE LOSS

Means flood-related damages sustained by a structure on two separate occasions during a 10-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event.



SECTION 1316

Is that section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Zoning Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.



SPECIAL FLOOD HAZARD AREA (SFHA)

Means those lands within the jurisdictions (including extraterritorial jurisdictions) of the City of Auburn subject to inundation by the regulatory flood. The SFHAs of the City of Auburn are generally identified as such on the Flood Insurance Rate Map of DeKalb County and Incorporated Areas dated September 29, 2006, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, A1- A30, AH, AR, A99, or AO).



START OF CONSTRUCTION

Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement or permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footing, installation of piles, construction of columns, or any work beyond the stage of excavation for placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.



STRUCTURE

Means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.



SUBSTANTIAL DAMAGE

Means damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 40 percent of the market value of the structure before the damage occurred.



SUBSTANTIAL IMPROVEMENT

Means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 40% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a "historic structure," provided that the alteration will not preclude the structures continued designation as a historic structure.



SUSPENSION

Means the removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP.



VARIANCE

Is a grant of relief from the requirements of this ordinance, which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship.



VIOLATION

Means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation, other certification, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.



WATERCOURSE

Means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.



WATER SURFACE ELEVATION

Means the height, in relation to the North American Vertical Datum of 1988 (NAVD 88), National Geodetic Vertical Datum (NGVD) of 1929, (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.



X ZONE

Means the area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2 percent chance of being equaled or exceeded (the 500-year flood). Unshaded X zones (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2 percent.



ZONE

Means a geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area.



ZONE A (see definition for A zone)
ZONE B, C, and X

Means areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C.)




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