Section
156.01 Intent
156.02 Definitions
156.03 Delineation of flood hazard overlay zone
156.04 Development permit
156.05 General standards for flood hazard reduction
156.06 Specific base flood elevation standards
156.07 Mobile home standards
156.08 Standards for areas of shallow flooding
156.09 Construction standards
156.10 Disclaimer of liability
(A) It is the purpose of this chapter to significantly reduce hazards to persons and damage to property as a result of flood conditions in the village and to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accordance with the National Flood Insurance Act of 1968, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency, as published in the 41 F.R. 207, Tuesday, October 26, 1976, and re-designated as 44 F.R. 31177, May 31, 1979.
(B) Further, the objective of this chapter include:
(1) The protection of human life, health, and property from the dangerous and damaging effects of flood conditions;
(2) The minimization of public expenditures for flood control projects; rescue and relief efforts in the aftermath of flooding; repair of flood-damaged public facilities and utilities; and the redevelopment of flood damaged homes, neighborhoods, commercial, and industrial areas;
(3) The prevention of private and public economic loss and social disruption as a result of flood conditions;
(4) The maintenance of stable development patterns not subject to the blighting influence of flood damage;
(5) To ensure that the public has access to information indicating the location of land areas subject to periodic flooding; and
(6) To preserve the ability of floodplains to carry and discharge a base flood.
(1984 Code, § 6-06-010) (Ord. 145, passed 11-20-1984)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AREA OF SHALLOW FLOODING. A designated AO Zone on a community’s flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD AREA. Land which on the basis of available floodplain information is subject
to a 1% or greater chance of flooding in any given area.
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as Zone A.
FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOODPLAIN. Any land area susceptible to being inundated by water from any source (see definition of FLOOD).
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas designated in the flood insurance study which must be reserved in order to discharge the base flood.
HARMFUL INCREASE. An unnaturally high stage on a river, stream, or lake which causes, or may cause damage to property, threat to life, personal injury, or damage to land or water resources.
MOBILE HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after the effective date of this chapter.
STRUCTURE. A walled and roofed building that is principally above ground, gas, or liquid storage facility, as well as a mobile home.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, flood, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
(2) The term does not, however, include either:
(a) Any project of improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(1984 Code, § 6-06-020) (Ord. 145, passed 11-20-1984)
(A) The flood hazard area zone shall overlay existing zoning districts delineated on the official village zoning map. The boundaries of the flood hazard area zone shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the report entitled “The Flood Insurance Study for the Village of Holly”, dated December 4, 1984, with accompanying flood insurance rate maps and flood boundary and floodway maps. Within the flood hazard area zone, a regulatory floodway shall be designated. The boundaries of the regulatory floodway shall coincide with the floodway boundaries indicated on the flood boundary and floodway map. The study and accompanying maps are adopted by reference, appended, and declared to be a part of this chapter (copies are on file in the office of the Village Clerk-Treasurer).
(B) Where there are disputes as to the location of a flood hazard area zone boundary, the zoning board of appeals shall resolve the dispute in accordance with the zoning ordinance.
(C) In addition to other requirements of Ch. 157 applicable to development in the underlying zoning district, compliance with the requirements of this chapter shall be necessary for all development occurring within the flood hazard area zone. Conflicts between the requirements of this chapter and other requirements of Ch. 157 or any other ordinance shall be resolved in favor of this chapter, except where the conflicting requirements is more stringent and would further the objectives of this chapter. In such cases the more stringent requirements shall be applied.
(1984 Code, § 6-06-030) (Ord. 145, passed 11-20-1984)
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