(A) Permitted uses. Permitted uses shall be those uses of land or structures allowed in the underlying zoning use district(s) that comply with standards in this section under division (B). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District provided the use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe District permitted uses listed.
(B) Standards for flood fringe permitted uses.
(1) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the Regulatory Flood Protection Elevation (RFPE). The finished fill elevation for structures shall be no lower than one foot below the Regulatory Flood Protection Elevation (RFPE). Fill for residential structures must extend at the same elevation at least 15 feet beyond the outside limits of the structure erected thereon. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the city.
(2) Accessory structures. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 576 square feet at its largest projection and only used for parking and storage.
(3) Accessory structures must allow for the equalization of hydrostatic pressure by accommodating for the inundation of floodwaters. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.
(4) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless the fill is specifically intended to elevate a structure in accordance with division (B)(1) above.
(5) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
(6) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city.
(7) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the base flood.
(8) Manufactured homes and recreational vehicles must also meet the standards of § 151.16.
(C) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth under conditional use of this ordinance, if otherwise allowed in the underlying zoning district(s).
(1) The placement of flood proofed nonresidential basements below the regulatory flood protection elevation.
(2) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with § 151.13(B)(1).
(1) The standards for permitted uses in the flood fringe, listed in §§ 151.13(B)(5) through (8), apply to all conditional uses.
(2) Residential basements, as defined in § 151.07, are not allowed below the RFPE.
(3) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry flood proofed, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A floodproofing certification consistent with § 151.17 under certification shall be required.
(4) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
(a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the base flood event.
(b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city.
(c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
(Ord. 161, passed 3-5-2012; Ord. 202, passed 9-20-2021)