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1177.01 STATUTORY AUTHORIZATION.
The legislature of the State of Ohio has delegated to municipal corporations the responsibility to adopt a plan for dividing the municipal corporation or any portion thereof into zones or districts in the interest of the public health, safety, convenience, comfort, prosperity and general welfare for the limitation and regulation of the uses of buildings and other structures and of premises in such zones or districts. Therefore, Council ordains this chapter.
(Ord. 76-23. Passed 12-20-76.)
1177.02 FINDINGS OF FACT.
(a) Flood Losses Resulting From Periodic Inundation. The flood hazard areas of Mayfield Village are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare.
(b) General Causes of Flood Losses. These flood losses are caused by:
(1) The cumulative effect of obstructions in flood plains, causing increased flood heights and velocities;
(2) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages.
(c) Methods Used to Analyze Flood Hazards. This chapter relies upon a two-step process for reasonably analyzing the flood hazard affecting specific lands. The Official Zoning Map adopted as part of this chapter by Section 1177.06 provides the first step by delineating a Regional Flood Plain District determined to be subject to flooding, based upon evidence of past flood events as shown on Flood Insurance Study and Flood Insurance Rate Map provided by F.I.A. The following information has been used to delineate this district: soil maps, historic flood maps, topographic studies and such other aids as the Village Engineer shall determine.
When specific information becomes available to designate separate Floodway and Floodway Fringe Districts, this Regional Flood Plain District may be separated into the two districts. In areas where this designation has not yet been made the second step involves a determination of the flood hazard at the site of any proposed special exception use. All uses, other than open space uses, are special exception uses under the terms of Section 1177.13(b) and require a case by case evaluation by the Board of Appeals, with expert technical assistance where necessary. The Board shall, where applicable:
(1) Estimate the discharge of the regional flood which is representative of large floods known to have occurred in this region and which are reasonably characteristic of what can be expected to occur on the particular streams subject to this chapter. It is in the general order of a flood which could be expected to occur on the average once every 100 years.
(2) Determine the specific flooding threat at the site of the proposed special exception use and determine whether the use is located in a floodway or floodway fringe area by:
A. Calculation of water surface elevations and flood protection elevations based upon hydraulic analysis of the capacity of the stream channel and overbank areas to convey the regional flood. Flood protection elevations shall be one foot above the water surface elevations of the regional flood.
B. Computation of the floodway required to convey this flood without increasing flood heights to an extent which would cause substantial upstream or downstream damage to existing or reasonably anticipated future development. Computation of increases in flood heights caused by any encroachment shall be based upon the reasonable assumption that there will be an equal degree of encroachment on both sides of the stream within that reach. Generally, any increase in flood stages attributed to encroachments on the flood plain of any river or stream shall not exceed 0.5 feet in any one reach or for the cumulative effect of several reaches.
(3) Evaluate the effects of the proposed use upon the public health, safety and general welfare in light of the purposes of this chapter and the standards established herein and deny, grant or conditionally grant the application for the proposed use.
(Ord. 76-23. Passed 12-20-76.)
1177.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize those losses described in Section 1177.02(a) by provisions designed to:
(a) Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocities.
(b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(c) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
(Ord. 76-23. Passed 12-20-76.)
1177.04 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
(a) "Accessory use or structure" means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, a principal use or structure.
(b) "Board" means the Board of Appeals.
(c) "Development" means any man-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.
(d) "Equal degree of encroachment" means a standard applied in determining the location of encroachment limits so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach.
(e) "Flood" means a temporary rise in stream level that results in inundation of areas not ordinarily covered by water.
(f) "Floodway" means the channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood.
(g) "Floodway fringe" means that portion of the regional flood plain located outside of the floodway.
(h) "Flood frequency" means the average frequency statistically determined, for which it is expected that a specific flood level or discharge may be equaled or exceeded.
(i) "Obstruction" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regional flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
(j) "Person" means any natural person, firm, partnership, association or corporation, but does not include any governmental unit.
(k) "Reach" means a hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are influenced by a man-made or natural obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a reach.
(l) "Regional flood" means a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regional flood generally has a frequency approximately 100 years as is determined by an analysis of floods in a particular stream and other streams in the same general region.
(m) "Regional flood plain" means the area inundated by the regional flood (100 year frequency flood). This is the flood plain area which shall be regulated by the standards and criteria in this chapter.
(n) "Flood protection elevation" means the elevation to which uses regulated by this chapter are required to be elevated or floodproofed.
(o) "Structure" means anything constructed or erected, on the ground or attached to the ground, including but without limitation to buildings, factories, sheds, cabins, mobile homes and other similar uses.
(Ord. 76-23. Passed 12-20-76.)
1177.05 LANDS TO WHICH CHAPTER APPLIES; ESTABLISHMENT OF FLOOD PROTECTION ELEVATION.
(a) This chapter shall apply to all lands within the jurisdiction of Mayfield Village shown on the Official Zoning Map as being located within the boundaries of the Regional Flood Plain District.
(b) The flood protection elevation and necessary floodway areas shall be established by the Board of Appeals as provided in Section 1177.20(b).
(Ord. 76-23. Passed 12-20-76.)
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