Flood Control Secondary Zoning Districts.
Indianapolis-Marion County Revised Code § 742-203
in effectSec. 742-203. - Flood Control Secondary Zoning Districts.
A. Purpose and objectives. It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities.
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters.
4. Control filling, grading, dredging, and other development which may increase erosion or flood damage.
5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
6. Make federal flood insurance available for structures and their contents in the city by fulfilling the requirements of the National Flood Insurance Program.
B. District and zone boundaries. The district boundaries have been established from hydrological data delineated on flood insurance rate maps provided by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled "The Flood Insurance Study for Marion County, Indiana (All Jurisdictions).
C. Changes to district boundaries.
1. Procedures to change the floodway and floodway fringe district boundaries, with or without an accompanying base flood elevation change, may be initiated in certain circumstances, including but not limited to: Determination of original mapping error; physical change to the landscape such as filling, excavating or grading; modification of a channel or bridge that changes the hydraulic or hydrologic characteristics of the watercourse; availability of better topographic base mapping that more accurately depicts the floodplain limits; and development of detailed hydrological data for previously unstudied zone A areas. In addition, an owner or lessee of property who believes his or her property has been wrongly designated in a particular flood control zoning district may apply for a district boundary change in accordance with this Section 742-203.
2. Changes to the floodway (FW) district boundary, floodway fringe (FF) district boundary, and the accompanying base flood elevations must be approved by FEMA through a letter of map revision (LOMR) or letter of map amendment (LOMA) in accordance with procedures established by FEMA, before the revised maps and data shall be used under this article. Detailed study data, developed for sites located in zone A areas pursuant to Section 742-203.A. as best available data, will generally not be acknowledged by FEMA for flood insurance determinations or result in district boundary revisions unless an official LOMR or LOMA is issued by FEMA that specifies such changes.
3. All changes in the floodway district boundary must be reported to FEMA by the applicant within six months of construction. The Department of Business and Neighborhood Services shall be responsible for maintaining up-to-date floodplain maps.
4. All letters of map amendment (LOMA) and letters of map revisions (LOMR) approved and issued by the Federal Emergency Management Agency (FEMA) shall be incorporated as map amendments to the applicable Flood Control zoning district boundaries and are incorporated by reference and made a part of the Zoning Ordinance.
D. General regulations applicable to all Flood Control Zoning Districts. The following regulations, and the regulations found in Chapter 565 of the Revised Code of Indianapolis-Marion County, shall apply to all land within any Flood Control zoning district:
1. From and after October 4, 1971:
a. No land, watercourse, building, structure, premises or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this article.
b. No land, watercourse, building, structure, premises, use or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed, relocated, altered, improved, or repaired except in conformity with these regulations and for uses permitted by this Section 742-203.
2. No land alteration, watercourse alteration, open land use, legally established nonconforming use, or structure as defined in this article shall be constructed, erected, placed, converted, enlarged, extended, reconstructed, improved, repaired, restored, or relocated until a floodplain development permit is issued for the proposed activity as required by this Section 742-203.
3. A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities in areas of special flood hazard. Ordinary maintenance and repair conducted under Department of Public Works maintenance programs is excluded, such as mowing and activities required as part of necessary maintenance of drainage or flood control facilities so that the facilities will perform the function for which it was designed and constructed, provided that the maintenance of drainage or flood control facilities does not include any activities identified in subparagraphs 1. through 8. of the definition of "development" in Section 740-202.
4. Site plans for all platted subdivisions shall also include a delineation of the existing and proposed floodway and floodway fringe boundaries; a flood protection grade denoted for each building pad and floor; volumetric calculations demonstrating compensatory storage; and, for each lot located in a Flood Control zoning district, a plan note identifying the Flood Control zoning district in which it is located and the requirements and limitations imposed under this Section 742-203 for construction on the floodplain lot.
E. Floodway (FW) District regulations.
1. Purpose. The purpose of the floodway district is to guide development in areas identified as a floodway. IDNR, under the authority of the INRC, exercises primary jurisdiction in the floodway district under the authority of IC 14-28-1; however, the city may impose terms and conditions on any floodplain development permit it issues in a floodway district that are more restrictive than those imposed by IDNR regulations.
2. Applicability. The following regulations shall apply to all land within the floodway district. These regulations shall be in addition to all other primary and secondary zoning district regulations applicable to such land, and Chapter 565 of the Revised Code of the City of Indianapolis-Marion County. In case of conflict, the more restrictive regulations shall apply.
3. Permitted uses. The following uses shall be permitted in the Floodway district subject to the development standards of this Section 742-203:
a. Open land uses;
b. Land alterations and watercourse alterations;
c. Nonbuilding structures;
d. Minor residential structures; and
e. Improvements, additions, and restoration of damage to legally established nonconforming uses.
4. Development standards in the FW District.
a. Open land use. An open land use shall be allowed without a floodplain development permit provided that the open land use does not constitute or involve any structure, obstruction, deposit, construction, excavation, or filling in a floodway in accordance with IDNR regulations. Otherwise, proposed open land uses shall require a floodplain development permit in accordance with this Section 742-203.
b. Land and watercourse alterations. Land alterations and watercourse alterations as defined in this article shall not result in any new or additional public or private expense for flood protection; shall assure that the flood carrying capacity is maintained and shall not increase flood elevations, velocities, or erosion upstream, downstream or across the stream from the proposed site; and shall not result in unreasonable degradation of water quality or the floodplain environment. In addition, no floodplain development permit shall be issued for land alterations or watercourse alterations in a floodway unless a certificate of approval for construction in a floodway is first issued by IDNR for the proposed activity, if required pursuant to IC 14-28-1.
c. Prohibition of garbage, trash, and junk. No use shall involve the storage, accumulation, spreading, dismantling or processing of garbage, trash, junk, or any other similar discarded or waste material.
d. Nonbuilding structures. Nonbuilding structures shall be permitted in a Floodway only under the following conditions:
1. The nonbuilding structure is designed, located, and constructed such that it is protected from potential damage resulting from flooding up to and including the flood protection grade;
2. The nonbuilding structure is designed to resist displacement resulting from hydrostatic, hydrodynamic, buoyant, or debris loading forces associated with flooding up to and including the flood protection grade;
3. The nonbuilding structure is designed to minimize potential contamination or infiltration of floodwaters or other potential environmental health or safety hazards associated with flooding up to and including the flood protection grade;
4. The nonbuilding structure is designed to minimize the obstruction of floodwaters by such measures as providing flow-through rather than solid fencing, reduction of structure cross-section area perpendicular to the flow path, and placement of the nonbuilding structure away from areas of greater depth or velocities;
5. The IDNR has first issued a certificate of approval of construction in a floodway, if applicable pursuant of IC 14-28-1; and
6. The nonbuilding structure must meet the applicable flood protection grade required by IDNR and FEMA rules.
e. Minor residential detached structure, the total square footage being equal to or less than 400 square feet, may be erected in a floodway with or without the lowest floor elevation at flood protection grade only if the following conditions are met:
1. The detached structure is constructed or placed on the same lot as an existing primary residential structure and is operated and maintained under the same ownership;
2. The detached structure is customarily incidental, accessory and subordinate to, and commonly associated with, the operation of the primary use of the lot;
3. The detached structure is no larger than 75 percent of the size of the existing primary residential structure;
4. The detached structure shall never be used in total, or in part, for habitable space;
5. All electrical wiring and any heating, cooling or other major appliances in the detached structure shall be floodproofed or elevated to or above the flood protection grade;
6. The detached structure is not used for the storage of any substance or chemical that is dangerous or would become dangerous if mixed with water;
7. The detached structure shall be firmly anchored to prevent flotation;
8. The exterior walls of the attached nonhabitable accessory enclosure shall be constructed with a material that will maintain its structural integrity during and after exposure to floodwaters and be designed to automatically equalize hydrostatic flood forces by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet the following minimum criteria:
i. A minimum of one square inch of net open area for each one square foot of enclosed area for non-engineered openings or a minimum of one engineered inch for each one square foot of enclosed area for an engineered opening;
ii. The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without reliance on human or electrical activation;
9. The IDNR has first issued a certificate of approval of construction in a floodway; and
10. As a condition to allowing construction of a detached residential accessory structure, the Bureau of License and Permit Services may first require the owner to record a statement, in a form approved by the bureau, indicating that the detached residential accessory structure shall not, in the future, be used in total, or in part, as habitable space. This shall be a covenant that shall be recorded in the office of the Recorder, Marion County, Indiana, with the property deed and shall be binding on all subsequent owners.
5. Legally established nonconforming uses in the FW District. Nothing stated in this Section 742-203.I. shall prevent ordinary maintenance and repair of legally established nonconforming uses. The cost of ordinary maintenance and repair of building or structures is not counted toward the 50 percent limit for determining substantial improvement, restoration of substantial damage or substantial addition.
a. Restoration of damage in the FW District.
1. Nonsubstantial damage: A legally established nonconforming use that has been damaged by flood, fire, explosion, act of God, or the public enemy, may be restored to its original dimension and condition provided that the damage is nonsubstantial damage and does not increase the degree of nonconformity as it pertains to flood control regulation.
2. Substantial damage: A legally established nonconforming use that is substantially damaged may only be restored if the following conditions are satisfied:
i. The legally established nonconforming use is not a primary residential structure;
ii. If required, the applicant for the proposed restored use must first obtain a certificate of approval for construction in a floodway from IDNR;
iii. A restored structure must be provided with the lowest floor elevation including any basement at or above flood protection grade;
iv. The design of the foundation of a restored structure must be certified by a professional engineer or professional architect registered in the state of Indiana as being adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and constructed with a material that will maintain its structural integrity during and after exposure to floodwaters;
v. If the damage to a structure is such that the structure including the foundation is destroyed, the structure must be rebuilt upon the same area of the original foundation and have substantially the same configuration as the destroyed structure, unless the rebuilt structure is proposed to be placed on a site less vulnerable to flood hazards as determined by the Bureau of License and Permit Services;
vi. The restored or rebuilt structure does not restrict or obstruct the floodway more than the damaged structure;
vii. The damage was not intentionally caused by the owner or occupant; and
viii. The restoration of the structure is begun within one year and completed within two years following the date that the damage occurred.
b. Improvements in the FW District.
1. Nonsubstantial improvements: A legally established nonconforming use in a floodway (FW) district may undergo a one-time only nonsubstantial improvement. Such improvement shall not increase the degree of nonconformity as it pertains to flood control regulation. Subsequent improvements shall be subject to the requirements and limitations of this article applicable to substantial improvements.
2. Substantial improvements: A substantial improvement to a legally established nonconforming use in a Floodway (FW) District is prohibited.
c. Additions in the FW District.
1. Nonsubstantial additions: A legally established nonconforming use may undergo a one-time only nonsubstantial addition provided that:
i. The applicant has provided development plans and any other supporting data, as required by the Bureau of License and Permit Services, certifying that the proposed addition will not cause any increase in the base flood elevation;
ii. The proposed addition will not increase the degree of nonconformity as it pertains to flood control regulation; and
iii. A covenant indicating that "a one-time non-substantial addition to the structure has taken place and that no further additions will be allowed" shall be recorded in the office of the recorder, Marion County, Indiana, with the property deed and shall be binding on all subsequent owners.
Subsequent additions shall be subject to the requirements and limitations of this article applicable to substantial additions.
2. Substantial addition: A substantial addition to a legally established nonconforming use is prohibited.
F. Floodway Fringe (FF) District regulations.
1. Purpose. The purpose of the Floodway Fringe District is to guide development in areas subject to potential flood damage, but outside a floodway district.
2. Applicability. The following regulations shall apply to all land within the floodway district. These regulations shall be in addition to all other primary and secondary zoning district regulations applicable to such land, and Chapter 565 of the Revised Code of the City of Indianapolis-Marion County. In case of conflict, the more restrictive regulations shall apply.
3. Permitted uses. All uses permitted in the applicable primary zoning district shall be those uses permitted in the Floodway Fringe Zoning District, unless otherwise prohibited by Section 742-203.J.4. (prohibited uses), and provided no other secondary zoning district prohibits the use.
4. Prohibited uses. The following critical facilities are prohibited from locating in the Floodway Fringe Zoning District:
a. Jails;
b. Hospitals;
c. Assisted living facilities;
d. Nursing homes;
e. Laboratories;
f. Elementary, Middle or High Schools;
g. Daycare facilities;
h. Fire stations;
i. Emergency operation centers;
j. Police facilities;
k. Truck, train, or bus terminal, storage or maintenance facility;
l. Wrecking or salvage facility;
m. Gas, oil or propane storage facility;
n. Industrial laundry;
o. Hazardous waste handling or storage facility; and
p. Other public equipment storage facilities.
5. Development standards in the FF District.
a. Flood protection grade required. Except as specifically provided in this Section 742-203, no building shall be erected, reconstructed, expanded, structurally altered, converted, used, relocated, restored, or improved unless the lowest floor elevation including any basement is provided and maintained at a flood protection grade of at least two feet above the base flood elevation.
b. Flood-proofing. This flood protection grade may be achieved for nonresidential structures by structural flood-proofing. The design and construction shall be certified on a flood-proofing certificate by a professional engineer or professional architect registered in the state of Indiana as being adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.
c. Open land use. All open land uses as defined in this article shall be allowed in a Floodway Fringe District without a floodplain development permit.
d. Land and watercourse alterations. Land alterations and watercourse alterations in a Floodway Fringe District shall not result in any new or additional public or private expense for flood protection; shall not increase flood elevations or reduce flood carrying capacity; shall not increase velocities or erosion upstream, downstream, or across the stream from the proposed site; and shall not result in unreasonable degradation of water quality or the floodplain environment.
e. Compensatory storage required.
1. Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by an equivalent volume of excavation taken below the base flood elevation. The excavation volume shall be at least equal to the volume of storage lost (replacement ratio of 1 to 1) due to the fill or structure.
i. The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located.
ii. Under certain circumstances, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the base flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the base flood water, will not be subject to ponding when not inundated by flood water, and that it shall not be refilled.
iii. The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by flood water.
iv. The fill or structure shall not obstruct a drainage way leading to the floodplain.
v. The grading around the excavation shall be such that the excavated area is accessible to the base flood water.
vi. The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement.
vii. The compensatory storage area shall be outside the stream protection corridor (Section 744-205).
viii. The compensatory storage requirement excludes interior drainage behind accredited floodplain protection structures.
ix. Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this article.
2. For floodplain development at sites that are elevated with fill, lowest floor levels, including basement floors, shall be at flood protection grade. Non-living spaces, such as crawl spaces that are below grade on all sides, shall be provided with a lowest floor level at least equal to the base flood elevation. The flood protection grade as well as all other requirements of this Section 742-203 shall not be applicable to property that has been removed from a flood control zoning district through the issuance of a final LOMR or LOMA by FEMA. Floodway Fringe fill on which a building is to be placed shall be compacted to 95 percent of maximum density using the Standard Proctor Test method. The surface of the fill shall extend at least ten feet horizontally from the perimeter of the building before sloping below the base flood elevation. This is a minimum distance that may need to be increased by the designer based on site conditions. Fill slopes shall be adequately protected from erosion using a method approved by the Bureau of License and Permit Services of the Department of Code Enforcement.
f. Nonbuilding structures. Nonbuilding structures shall be allowed in a floodway fringe district only if constructed in a manner that will not impede the flow of floodwater and debris carried by floodwater, and the following conditions are met:
1. The nonbuilding structure is designed, located and constructed such that it is protected from potential damage resulting from flooding up to and including the flood protection grade;
2. The nonbuilding structure is designed and constructed to resist displacement resulting from hydrostatic, hydrodynamic, buoyant, or debris loading forces associated with flooding up to and including the flood protection grade;
3. The nonbuilding structure is designed and constructed to minimize potential contamination or infiltration of floodwaters or other potential environmental or safety hazards associated with flooding up to and including the flood protection grade;
4. The nonbuilding structure is designed and constructed to minimize the obstruction of floodwaters by such measures as providing flow-through rather than solid fencing, reduction of structure cross-section perpendicular to the flow path, and placement of the nonbuilding structure away from areas of greater depth or velocities; and
5. The nonbuilding structure shall meet the applicable flood protection grade required by IDNR and FEMA rules.
g. Detached residential accessory structures. Detached residential accessory structures larger than 400 square feet in a floodway fringe district must be provided with a lowest floor elevation at flood protection grade of at least two feet above the base flood elevation. Detached residential accessory structures, the total square footage being equal to or smaller than 400 square feet may be erected in a floodway fringe district with the lowest floor elevation above or below the flood protection grade only if the following conditions are met:
1. The detached structure is constructed or placed on the same lot as an existing primary residential structure and is operated and maintained under the same ownership;
2. The detached structure is customarily incidental, accessory and subordinate to, and commonly associated with, the operation of the primary use of the lot;
3. The detached structure is no larger than 75 percent of the size of the existing primary residential structure;
4. The detached structure shall never be used in total, or in part, for habitable space;
5. All electrical wiring and any heating, cooling or other major appliances in the detached structure are located above the flood protection grade and the detached structure is not used for the storage of any substance or chemical that is dangerous or would become dangerous if mixed with water;
6. The detached structure shall be firmly anchored to prevent flotation;
7. The exterior walls of the attached nonhabitable accessory enclosure shall be constructed with a material that will maintain its structural integrity during and after exposure to floodwaters and be designed to automatically equalize hydrostatic flood forces by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet the following minimum criteria:
i. A minimum of one square inch of net open area for each one square foot of enclosed area for non-engineered openings or a minimum of one engineered inch for each one square foot of enclosed area for an engineered opening;
ii. The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without reliance on human or electrical activation.
8. As a condition to allowing a detached residential accessory structure, the Bureau of License and Permit Services may require the owner to record a statement, in a form approved by the bureau, indicating that the detached residential accessory structure shall not, in the future, be used in total, or in part, as habitable space. This shall be a covenant that shall be recorded in the Office of the Recorder, Marion County, Indiana, with the property deed and shall be binding on all subsequent owners.
h. Attached nonhabitable accessory enclosures. Attached nonhabitable accessory enclosures may be constructed in a Floodway Fringe district as a part of one-family, two-family, or multifamily dwelling structures only under the following conditions:
1. All parts of the building or structure other than the attached nonhabitable accessory enclosure shall be erected, constructed, reconstructed, expanded, structurally altered, converted, used or relocated in compliance with this Section 742-203.J.5.;
2. The attached nonhabitable accessory enclosure is attached to or part of the primary residential structure and is operated and maintained under the same ownership;
3. The attached nonhabitable accessory enclosure is customarily incidental, accessory and subordinate to, and commonly associated with the use of the primary residential structure;
4. The attached nonhabitable accessory enclosure is not used in total or in part as habitable space, but is solely for parking vehicles, building access or storage of materials not covered under standard flood insurance policy;
5. As a condition to allowing an attached nonhabitable accessory enclosure, the Bureau of License and Permit Services shall require the owner to record a statement, in a form approved by the bureau, indicating that the attached nonhabitable accessory enclosure shall not, in the future, be used in total, or in part, as habitable space. This shall be a covenant that shall be recorded in the Office of the Recorder, Marion County, Indiana, with the deed and shall be binding on all subsequent owners;
6. All electrical wiring and any heating, cooling or other major appliances or equipment in the attached nonhabitable accessory enclosure are located above the flood protection grade and the attached nonhabitable accessory enclosure is not used for the storage of any substance or chemical that is dangerous or would become dangerous if mixed with water;
7. The exterior walls of the attached nonhabitable accessory enclosure shall be constructed with a material that will maintain its structural integrity during and after exposure to floodwaters and be designed to automatically equalize hydrostatic flood forces by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet the following minimum criteria:
i. A minimum of one square inch of net open area for each one square foot of enclosed area for non-engineered openings or a minimum of one engineered inch for each one square foot of enclosed area for an engineered opening;
ii. The bottoms of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher;
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without reliance on human or electrical activation; and
8. Attached nonhabitable accessory enclosures that are also legally established nonconforming uses pursuant to Section 742-203.J.6. shall not be subject to the requirements of Section 742-203.J.5.h.
i. Manufactured homes, mobile dwellings and recreational vehicles:
1. Manufactured homes and mobile dwellings that are placed or undergo substantial improvements or substantial additions on sites outside of a mobile dwelling project, in a new mobile dwelling project or subdivision, in an expansion to an existing mobile dwelling project or subdivision, or in an existing mobile dwelling project or subdivision on which a manufactured home or mobile dwelling has incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home or mobile dwelling is elevated with a flood protection grade at least two feet above the base flood and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
2. Manufactured homes and mobile dwellings that are placed or undergo substantial improvements or substantial additions on sites in an existing mobile dwelling project or subdivision on which a manufactured home or mobile dwelling has not incurred substantial damage as the result of a flood, shall be elevated so that either the lowest floor of the manufactured home or mobile dwelling is elevated to flood protection grade or the manufactured home or mobile dwelling chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade level and be securely anchored to a foundation system to resist flotation, collapse and lateral movement.
3. Recreational vehicles placed on sites in the Floodway Fringe for 180 consecutive days or more shall be subject to the requirements for manufactured homes and mobile dwellings contained in this Section 742-203. Recreational vehicles placed on sites in the Floodway Fringe shall not be subject to requirements for manufactured homes and mobile dwellings contained in this Section 742-203 and shall not require a Floodplain Development Permit if the recreational vehicle is either placed on the site for fewer than 180 consecutive days or is fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
j. Draining of land; altering of watercourses; construction of ponds, lakes, levee, dams. No draining or reclamation of land; altering, widening, deepening or filling of watercourses or drainage channels or ways; construction of ponds, lakes, levees, or dams; or any other changes or improvements of watercourses or drainage channels or ways shall be undertaken in the Floodway Fringe district unless first approved by the IDNR, if applicable, and any other local, state or federal agencies having jurisdiction over such activity.
k. Construction of new access roads. If the proposed activity includes the construction of a new access road between proposed buildings to be located in the Floodway Fringe District and a public road, and the public road at the intersection with the proposed access road is at or above the base flood elevation, then the proposed access road must also be at or above the base flood elevation along the entire length between any proposed building and the public road. If there is more than one access road between the public road and any proposed building, only one must provide access at or above the base flood elevation.
6. Legally established nonconforming uses. Nothing stated in this Section 742-203.J. shall prevent ordinary maintenance and repair of legally established nonconforming uses. The cost of ordinary maintenance and repair of buildings or structures is not counted toward the 50 percent limit for determining a substantial improvement, restoration of substantial damage or substantial addition. Improvements, additions and restoration of damage to legally established nonconforming uses authorized under this subsection shall not be subject to Section 742-203.J.5.h. The aggregation of additions, damages, or improvements, whether presented as substantial or nonsubstantial, exceeding the 50 percent of market value limit shall be treated as substantial.
a. Repetitive loss damage in the FF District. Repetitive loss damage: A legally established nonconforming use that has sustained flood-related damages on two or more separate occasions during a ten-year period for which the cost of repairs at the time of each such flood even, on average, equaled or exceeded 25 percent of the market value of the structure before the damage occurred, may only be restored if the lowest floor elevation including any basement of the restored structure is at flood protection grade.
b. Restoration of damage in the FF District.
1. Nonsubstantial damage: A legally established nonconforming use in a Floodway Fringe district damaged by flood, fire, explosion, act of God or the public enemy may be restored to its original dimensions and condition provided that the damage is a nonsubstantial damage as defined by this article and does not increase the degree of nonconformity as it pertains to flood control regulation.
2. Substantial damage: A legally established nonconforming use that is substantially damaged may only be restored if the restored structure is at flood protection grade.
c. Improvements in the FF District.
1. Nonsubstantial improvements: A legally established nonconforming use in a Floodway Fringe District may undergo a one-time only nonsubstantial improvement. Such improvement shall not increase the degree of nonconformity as it pertains to flood control regulation. Subsequent improvements shall be subject to the requirements and limitations of this Section 742-203 applicable to substantial improvements.
2. Substantial improvements: A legally established nonconforming use may undergo a substantial addition if the lowest floor elevation including any basement of the improvement is at flood protection grade.
d. Additions in the FF District.
1. Nonsubstantial addition: A legally established nonconforming use in a Floodway Fringe District may undergo a one-time only nonsubstantial addition provided that the degree of nonconformity as it pertains to flood control regulation shall not be increased and that a covenant indicating that "a one-time non-substantial addition to the structure has taken place and that any subsequent improvements or additions shall be subject to the requirements and limitations of this article applicable to substantial additions" shall be recorded in the Office of the Recorder, Marion County, Indiana, with the property deed and shall be binding on all subsequent owners.
2. Substantial addition: A legally established nonconforming use may only undergo a substantial addition if the lowest floor elevation including any basement of the addition is at flood protection grade.
G. Variances.
1. The Board of Zoning Appeals may only issue a variance to the permitted uses or development standards of the Floodway (FW) or Floodway Fringe (FF) districts, provided no other zoning district prohibits the land use, and if the applicant submits evidence that the grant of the variance(s) meet the statutory criteria for approval of IC 36-7-4-918.
2. The Board of Zoning Appeals may only issue a variance to the permitted uses or development standards of the Floodway (FW) or Floodway Fringe (FF) districts, provided no other secondary zoning district imposes stricter development standards, and if the following conditions are met:
a. No variance for the construction of a new residential structure in a Floodway (FW) District may be granted;
b. All variances granted for an associated use in a Floodway (FW) District shall first require a permit from IDNR, if such permit is required by IDNR rules and procedures;
c. Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures; and
d. All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction.
H. National Flood Insurance Program regulation. The Bureau of License and Permit Services, during the review of floodplain development permit applications located in identified flood control zoning districts, shall ensure that:
a. All national flood insurance program regulations (codified at 44 CFR, Part 60.3) pertaining to state and federal permits, subdivision review, building permit review, floodproofing nonresidential structures, mobile home tie-down standards, utility construction, recordkeeping (including lowest floor elevations), and watercourse alteration and maintenance have been met.
b. Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits/authorizations are to be maintained on file with the floodplain development permit.
c. Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA.
d. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
e. Verify and record the actual elevation of the lowest floor (including the basement) of all new or substantially improved structures, in accordance with Section E.
(G.O. 64, 2015, § 2; G.O. 11, 2016, § 1(Exh. A); G.O. 15, 2016, §§ 1—7; G.O. 23, 2026, § 8)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH742DI_ARTIISEDI_S742-203FLCOSEZODIFetched: 10/27/2026