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The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard.
(a) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(b) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(c) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §§ 1476.35 through 1476.40.
(d) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this chapter applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
(Ord. 21-33, passed 2-22-2021)
(a) Zone A.
(1) Within Zone A areas designated on an effective FIRM, data from the preliminary FIRM and/or FIS shall reasonably utilize as best available data.
(2) When all appeals have been resolved and a notice of final flood elevation determination has been provided in a letter of final determination (LFD), BFE and floodway data from the preliminary FIRM and/or FIS shall be used for regulating development.
(b) Zones AE, A1-30, AH, AO, VE, and V1-30.
(1) BFE and floodway data from a preliminary FIS or FIRM restudy are not required to be used in lieu of BFE and floodway data contained in an existing effective FIS and FIRM. However:
A. Where BFEs increase in a restudied area, communities have the responsibility to ensure that new or substantially improved structures are protected. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data in instances where BFEs increase and floodways are revised to ensure that the health, safety, and property of their citizens are protected; and
B. Where BFEs decrease, preliminary FIS or FIRM data should not be used to regulate floodplain development until the LFD has been issued or until all appeals have been resolved.
(2) If a preliminary FIRM or FIS has designated floodways where none had previously existed, communities should reasonably utilize this data in lieu of applying the encroachment performance standard of § 1476.33(b) since the data in the draft or preliminary FIS represents the best data available.
(c) Zones B, C and X. Use of BFE and floodway data from a preliminary FIRM or FIS are not required for areas designated as Zone B, C, or X on the effective FIRM which are being revised to Zone AE, A1-30, AH, AO, VE, or V1-30. Communities are encouraged to reasonably utilize preliminary FIS or FIRM data to ensure that the health, safety and property of their citizens are protected.
(Ord. 21-33, passed 2-22-2021)
(a) Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire and the like. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(3) Require owners of substantially damaged structures to obtain a floodplain development permit prior to repair, rehabilitation or reconstruction.
(b) Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.
(Ord. 21-33, passed 2-22-2021)
(b) Permitted uses: all uses not otherwise prohibited in this section or any other applicable land use regulation adopted by Avon Lake are allowed provided they meet the provisions of these regulations.
(Ord. 21-33, passed 2-22-2021)
The following standards apply to all water supply, sanitary sewerage and waste disposal systems in the absence of any more restrictive standard provided under the Ohio Revised Code or applicable state rules:
(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(b) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
(c) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(Ord. 21-33, passed 2-22-2021)
(a) All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations.
(b) All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
(c) All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood damage.
(d) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or five acres, whichever is less.
(e) The applicant shall meet the requirement to submit technical data to FEMA in § 1476.21(a)(1)D. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by division (d) of this section.
(Ord. 21-33, passed 2-22-2021)
The requirements of this section apply to new construction of residential structures and to substantial improvements of residential structures in Zones A, A1-30, AE, AO and AH, when designated on the community’s effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in § 1476.23.
(a) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied.
(b) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(c) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated to prevent water from entering or accumulating within the components during conditions of flooding.
(d) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
(e) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings to allow the automatic equalization of hydrostatic pressure may have an enclosure below the lowest floor provided the enclosure meets the following standards:
(1) Be used only for the parking of vehicles, building access, or storage;
(2) Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
(3) Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one-foot above grade. The openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(f) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(g) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this section.
(Ord. 21-33, passed 2-22-2021)
The requirements of this section apply to new construction and to substantial improvements of nonresidential structures in Zones A, A1-30, AE, AO and AH, when designated on the community’s effective FIRM, and when designated on a preliminary or final FIRM issued by FEMA under the circumstances provided in § 1476.23.
(a) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of § 1476.28(a) through (c) and (e) through (g).
(b) New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all the following standards:
(1) Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with division (b)(1) and (b)(2) of this section.
(Ord. 21-33, passed 2-22-2021)
Structures that are 600 square feet or less which are used for parking and storage only are exempt from elevation or dry floodproofing standards within Zones A, A1-30, AE, AO, and AH designated on the community’s FIRM. Such structures must meet the following standards:
(a) They shall not be used for human habitation;
(b) They shall be constructed of flood resistant materials;
(c) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
(d) They shall be firmly anchored to prevent flotation;
(e) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(f) They shall meet the opening requirements of § 1476.28(e)(3).
(Ord. 21-33, passed 2-22-2021)
Recreational vehicles on sites within Zones A, A1-A30, AE, AO, or AH must meet at least one of the following standards:
(a) They shall not be located on sites in special flood hazard areas for more than 180 days;
(b) They must be fully licensed and ready for highway use; or
(Ord. 21-33, passed 2-22-2021)
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