(a) Findings of Fact: Certain areas of the Village are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extra-ordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health and safety. These flood losses are caused by the cumulative effect of obstructions in flood hazard areas causing increases in flood heights and velocities, and when inadequately anchored, damage to uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
(b) Purpose: The purpose of the Flood Plain River Protection Overlay is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base. In addition, these provisions are intended to accomplish the following:
(1) To protect the natural floodwater storage capacity of river flood plains by restricting uses which are dangerous to health, safety, and property in times of flooding or cause excessive increases in flood heights and velocities;
(2) To require that uses vulnerable to floods, including facilities which serve the above uses, be protected and/or floodproofed against flooding and flood damage at the time of construction, and to prevent flood damages and associated public relief expenditures created by improper construction in the flood plain;
(3) To protect individuals from buying lands which are unsuited for intended purposes due to flood hazard;
(4) To protect watercourses, tributaries, thereto associated with flood plains, and adjoining woodlands and wetlands for value as water retention and water recharge areas;
(5) To provide for the protection, preservation, proper maintenance and use of rivers and streams and their flood plains in order to preserve and conserve the quality, clarity and free flowing condition of their waters, to protect fish and wildlife habitat, to prevent erosion of stream banks, maintain cool water temperatures, lessen the impact of siltation on stream waters, and to preserve and protect valuable resources in the interest of present and future generations; and
(6) To permit reasonable and compatible uses of land which compliment the natural functions and characteristics of watercourses and their flood plains and further the purposes of this overlay.
(c) Applicability of Flood Plain Overlay to Existing Zoning District: The provisions of this section shall be applicable to all lands shown as being located within the boundaries of the Flood Plain Overlay on the Zoning Map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this section are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.
(d) Warning and Disclaimer of Liability: The degree of flood protection sought by the provisions of this overlay is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris. This overlay does not imply that areas outside the one-hundred (100) year flood plain or that land uses permitted within, will be free from flooding and flood damages. The creation of the Flood Plain River Protection Overlay shall not create liability on the part of the Village or any officer or employee thereof for any flood damages that result from reliance on this Zoning Regulation or any administrative decision lawfully made thereunder.
(e) Boundaries of Overlay: The Flood Plain River Protection Overlay shall include all areas subject to inundation by waters of the one-hundred (100) year flood. The basis for including areas within the overlay shall be the engineering report entitled "Flood Insurance Study, Greene County, Ohio Unincorporated Areas: dated April 1, 1981, and "Flood Insurance Study, Village of Cedarville Valley. Ohio", July 1980, as amended and prepared by the U.S. Department of Housing and Urban Development, Flood Insurance Administration. This study, with accompanying maps and any revisions thereto, is hereby adopted by reference and declared to be part of this Zoning Regulation. One (1) copy of The Flood Insurance Study is to be kept on file in the office of the Zoning Inspector of the Village. The Flood Plain River Protection Overlay is hereby divided into three (3) areas in accordance with the above mentioned study: "Floodway", "Floodway Fringe", and "General Flood Plain".
(f) Authorized Uses Within the Overlay: The only uses permitted to located within the Flood Plain River Protection Overlay are in Section 1113.12
. In most cases, the uses within the underlying Zoning district are permitted, except where a use would, by nature of such use, pose a health and safety threat in times of flooding.
(1) Floodway: The floodway of the regulatory floodplain is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. The following provisions apply within all floodway areas:
A. Prohibit encroachment, including filling, new construction, substantial improvement and other developments.
B. Permitted uses in association with the underlying zoning district shall include: agriculture, accessory parking not including a building, parks, recreation, yards and open space.
(2) Floodway fringe: within the floodway fringe of the regulatory floodplain filling for the elevation of structures permitted within the underlying zoning district may be permitted. Such filling shall comply with the requirements as stipulated in the appropriated State or County Building Code.