(a) Purpose. It is the purpose of this section to promote and provide for the proper use and development of lands subject to periodic flooding and to encourage the development of such lands in a manner that will promote the public health, safety and general welfare of the residents of the Village. The intent of this section is to secure safety from flooding, minimize flood damage to persons and property, minimize public expenditures for flood relief and flood control projects, and to reduce the height and violence of floods insofar as such are caused by any natural or artificial obstruction. In order to accomplish its purposes, this section includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to flooding, or which result in damaging increases in erosion, in flood heights or in flood water velocity;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of the floodplain, watercourse channels and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling the filling, grading, dredging and other development which may increase flood damage; and
(5) Preventing or regulating the creation of floodway obstructions or encroachments which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(b) Basis for Establishing the Floodplain. To secure this degree of safety from flooding and damages of flooding, the objectives of this section are to assure the retention of sufficient natural floodway area to convey flood flows; to designate a minimum flood protection elevation; to reduce the height and violence of floods insofar as such are increased by any encroachment or flood obstruction:
(1) The floodplain constitutes two (2) special flood hazard areas which are hereby established for and effective in the floodway and floodway fringe of the Village and which shall be subject to the regulations of this section. The floodway and the floodway fringe areas are detailed on the flood profile and Flood Insurance Rate Map (FIRM) contained in the Flood Insurance Study and are subject to the provisions of this section.
(2) These two areas distinguish between:
A. The hazards to life and property associated with that portion of the floodplain required to carry and discharge the waters of a base flood (the floodway area) and
B. The remaining portion of the floodplain that is subject to inundation during a base flood (the floodway fringe area).
(3) The regulations of this section shall be construed as being supplementary to the regulations imposed on the same lands by virtue of the land being part of a zoning district. It is not intended by this section to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this section. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
(4) It shall be the intent of this section to use the most current data available for identifying the floodplain, floodway, and floodway fringe. Such data may be supplied by the Ohio Department of Natural Resources, Federal Emergency Management Agency or an approved technical institute or governmental agency. Consideration shall be given to an engineer-certified specific site survey and study which presents detailed elevation information which is not otherwise available.
(c) Delineation Of Floodway and Floodway Fringe Areas.
(1) The selection of the floodway area shall be based on the principle that the area chosen for the floodway must be sufficient to carry the waters of the base flood without increasing the water surface elevation of that flood more than one-half foot at any point within the watercourse or an affected watercourse reach. This floodway area designation is established on the Flood Insurance Rate Map (FIRM).
(2) The landward boundary of the floodway fringe area shall be that of the base flood. The channelward boundary of the floodway fringe area shall be that of the abutting floodway.
(d) Availability of Maps Delineating the Floodplain.
(1) The Village shall make available and maintain information as to the floodplain which will provide descriptive data delineating the floodway and floodway fringe area boundaries along the major watercourses within the Village by which the location of individual properties can be determined in relation to the floodplain.
(2) Where a watercourse meanders through or extensively borders a given subdivision or other parcel of land resulting in varying flood elevations, the highest flood elevation affecting a given parcel of land may be used to determine a flood protection elevation for the entire parcel or subdivision.
(e) Permitted Uses in the Floodway.
(1) Within a floodway area, no buildings or structures shall be used and no buildings or structures shall be erected, constructed, altered, or enlarged for any purpose and no premises shall be used which are arranged, intended or designed to be used for other than one of the following uses as permitted by the underlying zoning district.
A. Agricultural use;
B. Public or private recreational use;
C. Public or private water-oriented facility for recreational or navigational use and water measuring and control device; or
D. Public utility such as an underground culvert or pipe, street or railroad not requiring fill, and watercourse-crossing bridge or transmission line above the flood protection elevations.
(2) No building, alteration of an existing building, structure or other encroachment, whether public or private, shall be permitted in the floodway which acting alone or in combination with existing or reasonably anticipated uses would impair the designated floodway's ability to carry and discharge the water resulting from the base flood.
(3) No structure associated with use listed in Subsection 1111.08(e)(1) hereof, including the supporting members of bridges and other public facilities crossing a watercourse, shall be permitted unless an engineering analysis by a registered engineer demonstrates that encroachment will not result in any increase in the water surface elevation during the base flood.
(4) Any building expansion or structure in addition to being floodproofed in accordance with Section 1111.08(k) shall meet the following requirements:
A. Have a low flood damage potential;
B. Be located on the site outside the floodway whenever possible;
C. Be aligned so as to minimize its potential as an obstruction to the flow of water;
D. Minimize the barrier effect of appurtenant works such as fences and landscaping walls; and
E. Maintain the terrain.
(f) Prohibited Uses in the Floodway.
(1) Within the floodway no building, structure, or premises shall be used, and no building or structure shall be erected which is designed to be used for overnight accommodations by human habitants.
(2) Any alteration of the floodway terrain through the shifting, addition or removal of material acting alone or in combination with other reasonably anticipated alterations would impair the designated floodway's ability to carry and discharge the waters resulting from the base flood is prohibited. The applicant shall provide an engineering analysis performed in accordance with standard engineering practices for any proposed alteration of the floodway terrain.
(g) Permitted Uses in the Floodway Fringe.
(1) Any use expressly permitted by the underlying zoning district is also permitted in the floodway fringe.
(2) Any building, structure, or premises located on any portion of any parcel that is within, or partially within, the floodway fringe shall be erected, arranged or designed to be used as specified by the underlying zoning district and in accordance with the following specifications.
A. Residential.
i. Each residential building or alteration of an existing residential building shall be elevated such that the lowest floor, including the basement, cellar, or crawl space, is equal to or above the flood protection elevation for the site.
ii. A residential building shall have a means of ingress and egress to land outside the floodplain that is above the flood protection elevation and substantial enough for both pedestrian and vehicular access during a base flood.
B. Commercial, Manufacturing, and Other Nonresidential Uses.
i. New construction of, or substantial improvement to, any building, structure or appurtenant work shall be elevated as provided for in Subsection 1111.08(g)(2)A hereof, or, together with attendant utility and sanitary facilities, shall be floodproofed as provided in Section 1111.08(k) to a point at or above the flood protection elevation.
ii. Accessory land uses such as yards, railroad tracks and parking lots may be at lower elevations.
C. Public Streets. Public streets shall be at a point equal to or above the flood protection elevation, or in developed areas shall meet the maximum elevation already established.
D. Railroads, Transmission Lines, Pipes, Well Fields and Related Facilities Protection to a point equal to or above the flood protection elevation shall be provided where failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area.
E. Storage Of Material. Material that, in time of flooding, is buoyant, flammable, explosive or could be injurious to human, animal or plant life shall be stored at or above the flood protection elevation, floodproofed or protected by structural measures consistent with the standards set forth in Section 1111.08(k).
F. Utilities.
i. Any new or replacement water supply system or sanitary sewage system shall be designed to minimize or eliminate infiltration of flood waters into the system.
ii. Any new or replacement sanitary sewage system shall also be designed to minimize discharge from the system into flood waters.
iii. An on-site waste disposal system shall be located so as to avoid impairment or contamination during flooding.
(h) Prohibited Uses in the Floodway Fringe.
(1) Within the floodway fringe area, no building, structure, or premises shall be used and no building or structure shall be erected in such a manner as to result in an encroachment into the floodway.
(2) Landfill is prohibited in the floodway fringe unless associated with a specific site development the extent of which shall be fully detailed on the zoning certificate application and the certificate issued therefor.
(i) Zoning Certificate Required for Development in the Floodplain. Within the floodplain, no building or structure shall be erected, constructed, altered, or enlarged and no development or use shall occur except upon the issuance of a zoning certificate.
(1) Application for a zoning certificate shall be made to the Zoning Administrator in accordance with Section 1103.13: Zoning Certificate.
(2) Decision on the Zoning Certificate.
A. The Zoning Administrator shall not issue a zoning certificate until:
i. It has been determined that sites affected by the floodplain as designated by the Flood Insurance Study meet all the provision of this section; or
ii. In unnumbered A zones where FEMA has not provided data, the Village Administrator has determined based on data supplied by the applicant's engineer or architect that the proposed development will not adversely affect the flood-carrying capacity of the area of special flood hazard. "Adversely affect" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one-half foot at any point. The Village Administrator may require additional engineering data as part of the application in order to make such a determination.
B. Review all applications to assure that all necessary permits have been received from those federal, state and local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining any additional permit that are necessary from other federal, state, or local agencies.
C. The Zoning Administrator shall have the authority to make interpretations, where needed, as to the exact location of the boundaries of special flood hazards when there appears to be a conflict between a mapped boundary and actual field conditions. Where a map boundary and elevation disagree, the elevations delineated in the flood elevation profile shall prevail. The applicant may appeal the interpretation in accordance with Section 1103.14: Appeals to the Planning Commission.
(j) Variances.
(1) Applications for variances from the development standards of this section shall be filed for determination by the Planning Commission pursuant to Section 1103.12.
(2) No variance shall be granted unless the Planning Commission determines the application complies with Section 1103.12(c), and below.
(3) No variance shall be granted from the provisions of this section by the Planning Commission until it has considered all the following:
A. The danger that materials may be swept onto other land to the injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed development to flood damage and the effect of such damage on the owner;
D. The importance of the services provided by the proposed development to the Village;
E. The necessity to the development of a waterfront location, where applicable;
F. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
G. The compatibility of the proposed use with existing and anticipated development;
H. The relationship of the proposed use to adopted plans and floodplain management program for that area;
I. The safety of access for vehicles to the property in times of flood;
J. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges; and
L. Whether the land proposed to be developed consists of less than one-half acre and is contiguous to and surrounded by lots with existing structures constructed below the base flood level. The granting of variances is more appropriate for such small tracts than for larger tracts.
(4) No variance shall be granted by the Planning Commission where the variance will result in increased flood heights, additional threats to public safety, extraordinary public expense or nuisances.
(5) The Planning Commission shall grant the minimum variance from development standards of the section necessary to grant relief to the applicant consistent with the flood hazard to the area.
(6) No variance shall be granted by the Planning Commission for land located within any designated floodway where the variance will result in any increase in flood levels during the base flood discharge.
(7) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(k) Development Standards for Flood Hazard Reduction. The following development standards apply to all areas within the floodway fringe.
(1) Anchoring.
A. All 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.
B. All manufactured homes not otherwise regulated by the ORC pertaining to manufactured home parks shall be 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.
(2) Construction Materials and Methods.
A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. All 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 located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(3) Utilities.
A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
C. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) Subdivision Proposals.
A. All subdivision proposals, including manufactured home subdivision, shall be consistent with the need to minimize flood damage.
B. All subdivision proposals, including manufactured home subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
C. All subdivision proposals, including manufactured home subdivisions, shall have adequate drainage provided to reduce exposure to flood damage.
D. All subdivision proposals, including manufactured home subdivisions, shall meet the specific standards of Section 1111.08(k)(9).
(5) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
(6) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
A. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of this subsection.
(7) Manufactured Home Standards. The following standards shall apply to all new and substantially improved manufactured homes not subject to the manufactured home requirements of Ohio R.C. 3733.01.
B. Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation.
(8) Enclosures Below the Lowest Floor.
A. The following standards apply to all new and substantially improved residential and nonresidential structures which are elevated to the base flood elevation using pilings, columns or posts. Fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall:
i. Be certified by a registered professional engineer or architect; or
ii. Must meet or exceed the following criteria:
a) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.
b) The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other openings provided that they permit the automatic entry and exit of floodwaters.
B. Any enclosure which meets these criteria shall be considered as having met the requirements of Section 1111.08(k)(1).
(9) Subdivisions and Large Developments. In all areas of special flood hazard where base flood elevation data have not been provided in accordance with Section 1111.08(b) or 1111.08(l)(2), the following standards apply to all subdivision proposals, including manufactured home subdivisions, and other proposed developments containing at least fifty lots or five acres (whichever is less):
A. The applicant shall provide base flood elevation data performed in accordance with standard engineering practices;
B. If Section 1111.08(k)(9)A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
(l) General Provisions.
(1) Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section does not create liability on the part of the Village, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(2) Use of Other Base Flood Elevation and Floodway Data. Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with Section 1111.08(b), are designated as Zone A on the community's Flood Insurance Rate Map. Within these areas, the Zoning Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data obtained under the provisions of Section 1111.08(l)(2), in order to administer the provisions of this section.
(3) Alteration of Watercourses. The Village Administrator shall notify all adjacent communities and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Emergency Management Agency and require that maintenance is provided within the altered or relocated portion of a watercourse so that its flood-carrying capacity is not diminished.
(4) Reports of Variances Granted. The Village Administrator shall report any variances granted from the development standards of this section to the Federal Emergency Management Agency upon its request.
(Ord. 2023-16. Passed 6-5-23.)