Skip to code content (skip section selection)
Compare to:
Greenville Overview
Greenville, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF GREENVILLE, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS (2023)
PRELIMINARY UNIT
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATIONS AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
TITLE TWO - Building Code
CHAPTER 1438 Building Code of Darke County
CHAPTER 1440 Zoning Permits, Certificates and Fees
CHAPTER 1444 Bulk Oil and Filling Stations
CHAPTER 1445 Community Reinvestment Area
CHAPTER 1446 Engineering Guidelines
CHAPTER 1448 Fire Limits
CHAPTER 1450 Flood Damage Reduction
1450.01 STATUTORY AUTHORIZATION.
1450.02 FINDINGS OF FACT.
1450.03 STATEMENT OF PURPOSE.
1450.04 METHODS OF REDUCING FLOOD LOSS.
1450.05 LANDS TO WHICH THESE REGULATIONS APPLY.
1450.06 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
1450.07 ABROGATION AND GREATER RESTRICTIONS.
1450.08 INTERPRETATION.
1450.09 WARNING AND DISCLAIMER OF LIABILITY.
1450.10 SEVERABILITY.
1450.11 DEFINITIONS.
1450.12 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
1450.13 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
1450.14 FLOODPLAIN DEVELOPMENT PERMITS.
1450.15 APPLICATION REQUIRED.
1450.16 REVIEW AND APPROVAL OF A FLOODPLAIN DEVELOPMENT PERMIT APPLICATION.
1450.17 INSPECTIONS.
1450.18 POST-CONSTRUCTION CERTIFICATIONS REQUIRED.
1450.19 REVOKING A FLOODPLAIN DEVELOPMENT PERMIT.
1450.20 EXEMPTION FROM FILING A DEVELOPMENT PERMIT.
1450.21 MAP MAINTENANCE ACTIVITIES.
1450.22 DATA USE AND FLOOD MAP INTERPRETATION.
1450.23 SUBSTANTIAL DAMAGE DETERMINATIONS.
1450.24 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
1450.25 USE REGULATIONS.
1450.26 WATER AND WASTEWATER SYSTEMS.
1450.27 SUBDIVISIONS AND LARGE DEVELOPMENTS.
1450.28 RESIDENTIAL STRUCTURES.
1450.29 NONRESIDENTIAL STRUCTURES.
1450.30 ACCESSORY STRUCTURES.
1450.31 RECREATIONAL VEHICLES.
1450.32 ABOVE GROUND GAS OR LIQUID STORAGE TANKS.
1450.33 ASSURANCE OF FLOOD CARRYING CAPACITY.
1450.34 APPEALS BOARD ESTABLISHED; POWERS AND DUTIES.
1450.35 APPEALS.
1450.36 VARIANCES.
1450.37 PROCEDURE AT HEARINGS.
1450.38 APPEAL TO THE COURT.
1450.39 COMPLIANCE REQUIRED.
1450.40 NOTICE OF VIOLATION.
1450.99 VIOLATIONS AND PENALTIES.
CHAPTER 1452 Flood Hazards
CHAPTER 1456 Moving of buildings
CHAPTER 1460 Roofs and Roof Coverings
CHAPTER 1464 Sanitation in Housing
CHAPTER 1468 Swimming Pools (Repealed)
CHAPTER 1470 Storm Water Management Program
TITLE FOUR - Housing Code
PART SIXTEEN - FIRE PREVENTION CODE
Loading...
1450.32 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.
(Ord. 11-69. Passed 7-7-11.)
1450.33 ASSURANCE OF FLOOD CARRYING CAPACITY.
   Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure 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. 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 the proposed development would not result in any increase in the base flood elevation; or
      (2)   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
         A.   Meet the requirements to submit technical data in Section 1450.21(a);
         B.   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
         C.   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
         D.   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
         E.   Concurrence of the Mayor of The City of Greenville and the Chief Executive Officer of any other communities impacted by the proposed actions.
   (b)   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:
         A.   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
         B.   Section 1450.33(a)(2), items A. and C. through E.
   (c)   Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of “bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a federal, state, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
      (1)   The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
      (2)   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
      (3)   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with The City of Greenville specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
      (4)   The applicant shall meet the requirements to submit technical data in Section 1450.21(a)(1)C. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 11-69. Passed 7-7-11.)
1450.34 APPEALS BOARD ESTABLISHED; POWERS AND DUTIES.
   (a)   Appeals Board established.
      (1)   The City of Greenville Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by City of Greenville Code.
      (2)   Records of the Appeals Board shall be kept and filed in the City Engineer's Office, 100 Public Square, Greenville, Ohio.
   (b)   Powers and duties.
      (1)   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
      (2)   Authorize variances in accordance with Section 1450.36 of these regulations.
(Ord. 11-69. Passed 7-7-11.)
1450.35 APPEALS.
   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within thirty days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(Ord. 11-69. Passed 7-7-11.)
1450.36 VARIANCES.
   Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
   (a)   Application for a variance.
      (1)   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
      (2)   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
   (b)   Public hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
      (1)   The danger that materials may be swept onto other lands to the injury of others.
      (2)   The danger to life and property due to flooding or erosion damage.
      (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
      (4)   The importance of the services provided by the proposed facility to the community.
      (5)   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
      (6)   The necessity to the facility of a waterfront location, where applicable.
      (7)   The compatibility of the proposed use with existing and anticipated development.
      (8)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
      (9)   The safety of access to the property in times of flood for ordinary and emergency vehicles.
      (10)   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
      (11)   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.
   (c)   Variances shall only be issued upon:
      (1)   A showing of good and sufficient cause.
      (2)   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
      (3)   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
      (4)   A determination that the structure or other development is protected by methods to minimize flood damages.
      (5)   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
   (d)   Other conditions for variances.
      (1)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      (2)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1450.36(b)(1) to (11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
      (3)   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 the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 11-69. Passed 7-7-11.)
1450.37 PROCEDURE AT HEARINGS.
   (a)   All testimony shall be given under oath.
   (b)   A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
   (c)   The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
   (d)   The administrator may present evidence or testimony in opposition to the appeal or variance.
   (e)   All witnesses shall be subject to cross-examination by the adverse party or their counsel.
   (f)   Evidence that is not admitted may be proffered and shall become part of the record for appeal.
   (g)   The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
   (h)   The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
(Ord. 11-69. Passed 7-7-11.)
1450.38 APPEAL TO THE COURT.
   Those aggrieved by the decision of the Appeals Board may appeal such decision to the Darke County Court of Common Pleas, as provided in Ohio R.C. Chapter 2506.
(Ord. 11-69. Passed 7-7-11.)
1450.39 COMPLIANCE REQUIRED.
   (a)   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1450.20.
   (b)   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1450.99.
   (c)   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Adniinistrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1450.99.
(Ord. 11-69. Passed 7-7-11.)
1450.40 NOTICE OF VIOLATION.
   Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
   (a)   Be put in writing on an appropriate form;
   (b)   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
   (c)   Specify a reasonable time for performance;
   (d)   Advise the owner, operator, or occupant of the right to appeal;
   (e)   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person’s last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(Ord. 11-69. Passed 7-7-11.)
Loading...