1351.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
(1) Use regulations.
A. Permitted uses.
All uses not otherwise prohibited in this Section and in any other applicable land use regulation or ordinance adopted by the City Council of the City of Findlay, Ohio, are permitted, provided that the regulations or provisions of such other ordinances meet the requirements of this chapter.
B. Prohibited uses.
1. Private water supply systems in all special flood hazard areas identified by FEMA, permitted pursuant to Section 3701.346 of the Ohio Revised Code.
2. Infectious waste treatment facilities in all special flood hazard areas, permitted pursuant to Chapter 3734 of the Ohio Revised Code.
3. Storage or processing of hazardous, flammable, or explosive materials in the identified special flood hazard area.
4. Storage of material or equipment that, in time of flooding could become buoyant and obstruct flow in identified floodways.
(2) Water and wastewater systems. All of the following standards apply to all water supplies, sanitary sewerage, and waste disposal systems not otherwise regulated pursuant to Chapter 3734 of the Ohio Revised Code.
A. All new and replacement water supply systems shall be designed to minimize or to eliminate infiltration of floodwaters into the system.
B. New and replacement sanitary sewerage systems shall be designed to minimize or to eliminate infiltration of floodwaters to the systems, and discharge from the systems into floodwaters.
C. On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(3) Subdivisions and large developments.
A. All subdivision proposals shall be consistent with the need to minimize flood damage, and are subject to all applicable standards described in this chapter.
B. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electric, and water systems located and constructed to minimize flood damage.
C. All subdivision proposals shall include adequate drainage in order to reduce exposure to flood damage.
D. In all areas of special flood hazard, where base flood elevation are not available, the applicant shall provide a hydrologic and hydraulic [H&H] engineering analysis that generates base flood elevations for all subdivision preliminary plats and other proposed developments that contain at least 50 lots or 5 acres, whichever is less.
E. The applicant shall comply with the requirement to submit technical data to FEMA, described at Section 1351.03(k)(1)A.4., when a completed hydrologic and hydraulic analysis generates base flood elevations as required by subsection (a)(3)D. hereof.
F. The applicant shall provide base flood elevation data for subdivision proposals, including manufactured home subdivisions, and other proposed developments, in accordance with standard engineering practices, if no such elevation data are available for the proposed site.
1. When such base flood elevation data are provided, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter.
2. The proposal and accompanying base flood elevation data shall be consistent with the need to minimize flood damage.
3. The applicant shall ensure that public utilities and facilities, such as sewer, gas, electric, and water systems, are located and constructed to minimize flood damage and danger to the public.
4. The applicant shall ensure that the proposed subdivision development has adequate drainage to reduce exposure to flood damage.
5. The applicant shall ensure that the subdivision development is designed so as not to decrease the flood water storage capacity within the subdivision limits and the City of Findlay flood hazard area.
6. Elevations shall be provided of existing and proposed contours. Supporting calculations shall be submitted for the City Engineering Department's approval of the proposed design.
7. When the developer completes grading, he/she shall provide grading plans and other data to the City. Such data shall include any that support the completion of grading according to the approved plan; and that show that the development has not diminished the flood storage capacity.
a. Such grading plans and other data shall be certified by a Professional Engineer licensed to practice in the State of Ohio, and approved by the City Engineering Department.
b. No permits shall be issued for any development on a particular parcel until the Floodplain Administrator has approved the final grade of the subdivision.
8. When the City has granted final grade approval, and/or if FEMA has granted final grade approval, no development, including the placing of fill dirt, shall take place until a development permit has been approved pursuant to subsection (a)(3) hereof.
(4) Residential structures.
A. New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic or hydrostatic loads, including the effects of buoyancy. Where a structure and its foundation members are 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 [including ductwork], plumbing, and air conditioning equipment or other service components and floor joists that are designed and/or elevated so as to prevent water from entering or accumulating within the components during flooding conditions.
D. The City shall prohibit the construction of any basement in a special flood hazard area or 100-year floodplain. New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation. In Zone AO areas with no elevations specified, the structure shall have the lowest floor, elevated at least two feet above the highest adjacent natural grade.
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, posts, columns, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters, may have an enclosure below the lowest floor, provided that the enclosure meets the following standards:
1. Used only for vehicle parking, building access, or storage; and
2. Designed and certified by a registered Professional Engineer or Architect licensed to practice in the State of Ohio. Such design must show that the new construction or substantial improvement automatically equalizes hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
3. Has 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 exterior grade; and the vent must be completely below base flood elevation (BFE). 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.
(5) Nonresidential structures.
A. New construction, and substantial improvement of any commercial, industrial, or other nonresidential structure shall meet the requirements of subsection (a)(4)A.-C. and E.-G. hereof.
B. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have either the lowest floor, including floor joists and basement, elevated to or above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall meet all of 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 flood protection elevation.
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
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 comport with subsection (a)(5)B.1. and 2. hereof.
(6) All crawlspace construction. Subject to the provisions of FEMA Technical bulletin 11-01, crawlspace construction for buildings located in special flood hazard areas, the following requirements apply:
A. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings described at subsection (a)(6)B. hereof. Because of hydrodynamic loads, crawl space construction is not recommended in areas with flood velocities greater than 5 feet per second, unless the design is reviewed by an Architect or Professional Engineer registered in the State of Ohio. Other types of foundations are recommended for these areas.
B. As an enclosed area below, BFE, the crawl space must have openings that equalize hydrostatic pressures, allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening shall be no more than one foot above the lowest adjacent exterior grade, pursuant to FEMA Technical Bulletin 1-93, Openings in Foundation Walls.
C. Crawl space construction is not permitted in V Zones, for which are required open pile or column foundations that withstand storm surge and wave forces.
D. Portions of a building below BFE must be constructed with materials resistant to flood damage. This requirement includes: foundation walls of the crawl space used to elevate the building; joists; and insulation. The recommended construction practice is to elevate the bottom of the joists and all insulation above BFE. Insulation is not flood resistant. When insulation becomes saturated with floodwater, the additional weight often pulls the insulation from the joists and flooring. Ductwork and other utility systems placed below insulation could also pull away from their supports. Please see FEMA Technical Bulletin 2-93, Flood Resistant Materials Requirements.
E. Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above BFE or sealed from floodwaters. Please see FEMA Technical Bulletin 348, Protecting Building Utilities From Flood Damage.
(7) Additional requirements for below-grade crawlspaces. Subject to FEMA Technical Bulletin 11-01, the following requirements for construction of below-grade crawlspaces apply:
A. The interior grade of a crawlspace below BFE must not be more than 2 feet below the lowest adjacent exterior grade (LAG). Please see the drawing immediately below.
Figure 2: Below-grade crawlspace construction.
B. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed 4 feet at any point (shown as L in the drawing below). The height limitation is the maximum allowable unsupported wall height according to the engineering analyses for flood hazard areas. This limitation also prevents crawlspaces from being converted to habitable spaces.
Figure 3: Requirements regarding below-grade crawlspace construction.
C. There must be an adequate drainage system that removes floodwaters from the interior of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of site gradient and other drainage characteristics, such as soil type. Options to be used in order to comport with this requirement include drainage through porous, well-drained soils, and drainage systems such as perforated pipe, drainage tile, or gravel or crushed stone drainage by gravity or mechanical means.
D. The velocity of floodwaters at the site should not exceed 5 feet per second for any crawlspace. For velocities exceeding 5 feet per second, other foundation types must be used.
E. Below grade crawlspace construction pursuant to these requirements of this section shall not be considered to be basements.
(8) Accessory structures. Relief to the elevation or Dry Floodproofing Standards may be granted for accessory structures containing not more than 600 square feet; except that, such structures must be firmly anchored to prevent flotation. Accessory structures greater than 600 square feet must meet all of the following standards:
A. They shall be constructed of flood resistant materials.
B. They shall not be used or intended for human habitation.
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.
F. They shall meet the opening requirements of subsection (a)(4)E.3.
(9) Recreational vehicles. Recreational vehicles must meet at least one of the following standards:
A. They shall not be placed on sites in special flood hazard areas for more than 180 days; or
B. They must be fully licensed and ready for highway use; or
C. They must meet all standards of subsection (a)(4) hereof.
(10) Above ground gas or liquid storage tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(11) Ensuring flood-carrying capacity. Pursuant to the purposes and methods of reducing flood damage, stated in this chapter, the following additional standards are hereby adopted to ensure that the reduction of the flood carrying capacity of watercourses is minimized:
A. Development in floodways.
1. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Before the Floodplain Administrator issues a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a Registered Professional Engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
a. Permits for development in floodway areas causing increases in the base flood elevation may be granted, provided that the applicant comply with all of the following:
ii. Provide proof of an evaluation of alternatives that would not result in increased base flood elevations and reasonable grounds for believing that such alternatives are not feasible.
iii. Provide certification that no structures are located in areas that would be affected adversely by the increased base flood elevation.
iv. Provide documentation that individual property owners, inside and outside the community, who are affected adversely by the proposed result to their property, had been notified of the impact of the proposed development.
v. Obtain the concurrence of the Mayor of the City of Findlay, and the Chief Executive officers of any communities that could be affected by the proposed development.
B. Alteration of a watercourse. For the purpose of this chapter, a watercourse located in a 100-year floodplain is altered when any change occurs within its banks. The boundaries or extent of the banks shall be established by a field determination of the "bank full stage". The field determination of bank full stage shall be based on methods presented in the United States Department of Agriculture Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique, current edition; or based on other applicable publication generally considered to be authoritative, issued by a federal, Ohio, or other recognized source. For all proposed developments that alter a watercourse, the following apply:
1. The bank full flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Before the Floodplain Administrator issues a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as the result of the proposed development; and the applicant must provide certification by a Registered Professional Engineer licensed to practice in the State of Ohio that the bank full flood carrying capacity of the watercourse will not be diminished.
2. Communities adjacent to the City of Findlay, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources [ODNR], Division of Water, must be notified by the applicant/developer prior to any alteration or relocation of a watercourse. Evidence that such advance notice has been made must be provided to the Federal Emergency Management Agency. The applicant must provide the necessary maintenance for the altered or relocated portion of the watercourse, so that the flood carrying capacity is not diminished. The Floodplain Administrator could require the applicant/permit holder to enter an agreement with the City of Findlay, specifying any such maintenance responsibilities, including their duration. If the Floodplain Administrator does require such maintenance agreement, it shall be made a condition of the floodplain development permit.
3. The applicant shall meet the requirements of Section 1351.03(k)(1)A. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
C. Compensatory storage required for fill.
Fill within the area of special flood hazard shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures within the development site.
D. Storage of material or equipment.
Storage of material or equipment not otherwise prohibited in subsection (a)(1)B. hereof, shall be firmly anchored and/or securely contained to prevent flotation.
E. Development in Riverine Areas with Base Flood Elevations but No Floodways.
1. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
2. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
i. An evaluation of alternatives which would result in a increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;