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1177.12 ESTABLISHMENT OF REGIONAL FLOOD PLAIN DISTRICT.
The mapped flood hazard areas within the jurisdiction of this chapter as the same may be amended from time to time by the Federal Insurance Administration are hereby designated as the Regional Flood Plain District. The boundaries of this district shall be shown on the Official Zoning Map. Within this district all uses not allowed as permitted uses or permissible as special exception uses shall be prohibited.
(Ord. 76-23. Passed 12-20-76.)
1177.13 REGIONAL FLOOD PLAIN DISTRICT; USES AND REQUIREMENTS.
(a) Permitted Uses. The following open space uses shall be permitted within the Regional Flood Plain District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials or equipment. In addition, no use shall adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributary to the main stream, drainage ditch or any other drainage facility or system.
(1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2) Industrial or commercial uses such as loading areas, parking areas and airport landing strips.
(3) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
(4) Residential uses such as lawns, gardens, parking areas and plan areas.
(b) Special Exceptions. All uses other than those specified in subsection (a) hereof are permitted only upon application to the Building Commissioner and the issuance of a special exception by the Board of Appeals, as provided in Section 1177.20. The Regional Flood Plain District encompasses both floodway and floodway fringe areas. Therefore, the Board, as provided in Section 1177.02(c), shall determine whether the proposed special exception use is located within a floodway or floodway fringe area. If it is determined that the proposed use is located within the floodway, the provisions of Section 1177.14 shall apply. If it is determined that the proposed use is located within the floodway fringe, the provisions of Section 1177.15 shall apply. All uses shall be subject to standards contained in this chapter.
(c) Requirements Which Apply.
(1) The Building Commissioner shall keep records of all floor elevations within the flood plain area. The Building Department shall keep records of all elevations to which buildings in the flood plain have been floodproofed.
(2) Certification for floodproofing of structures and improvements within the flood plain shall be submitted to the Building Commissioner by a registered engineer or architect. The Building Commissioner shall keep all records of certifications.
(3) The developer shall obtain all State, Federal or County permits if needed.
(4) Should a request for the alteration of a portion of a watercourse be made the following is required:
A. Notify and coordinate with upstream and downstream communities.
B. Send copy of relocation data to State Coordinator in Ohio for approval.
C. Submit design calculations prepared by a registered engineer and assure the carrying capacity of any altered watercourse will be maintained.
(5) Within any unnumbered A zones as shown on the Village Flood Insurance Rate Map. The Village Engineer will obtain and review any 100 year flood date until such data is furnished by F. I. A. in order to require that:
A. Residences shall be constructed on fill with the lowest floor including basement floor at least one foot above the regional elevations. The fill shall extend at least fifteen feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance with this provision impractical or in other special circumstances, the Board of Appeals, may authorize other techniques for elevation. Such structures shall be anchored to resist flotation or lateral movement.
(Ord. 76-23. Passed 12-20-76.)
1177.14 SPECIAL PROVISIONS APPLYING TO FLOODWAY PORTION OF REGIONAL FLOOD PLAIN DISTRICT.
(a) Permitted Uses. Uses permitted in Section 1177.13(a) are permitted uses.
(b) Special Exceptions. Other uses are allowed only as special exception uses within the floodway provided they comply with the provisions of this subsection, subsections (c), (d) and (e) hereof, and other standards established in this chapter, and any conditions attached by the Board to the issuance of special exception permits. No structure, temporary or permanent, fill including fill for roads and levees, deposit, obstruction, storage of materials or equipment, or other use shall be permitted which, acting alone or in combination with existing or reasonably anticipated uses, impairs the efficiency or the capacity of the floodway or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on the assumption that wherever physically possible there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. Special exception uses include:
(1) Uses or structures accessory to open space or special permit uses.
(2) Railroads, streets, bridges, utility transmission lines and pipelines.
(3) Storage yards for equipment, machinery or materials.
(4) Kennels and stables.
(c) Fill.
(1) Any fill or materials proposed to be deposited in the floodway will be allowed only upon issuance of a special exception. The fill or materials must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.
(2) Such fill or other materials shall be protected against erosion by rip-rap, vegetative cover or bulkheading.
(d) Structures (Temporary or Permanent) Accessory to Special Permit Uses.
(1) Structures shall not be designed for human habitation.
(2) Structures shall have a low flood damage potential.
(3) The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.
A. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and
B. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
(4) Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river.
(5) Service facilities such as electrical and heating equipment shall ordinarily be constructed at or above the flood protection elevation for the particular area.
(6) Any new or improved water or sewer system shall be designed to minimize infiltration due to flooding and that any onsite waste disposal systems shall be designed to avoid impairment due to flooding.
(e) Storage of Material and Equipment.
(1) The storage or processing of materials that in time of flooding are buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.
(2) Storage of other material or equipment may be allowed upon issuance of special exceptions if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning.
(Ord. 76-23. Passed 12-20-76.)
1177.15 SPECIAL PROVISIONS APPLYING TO FLOODWAY FRINGE PORTIONS OF GENERAL FLOOD PLAIN DISTRICT.
(a) Permitted Uses. Uses listed in Section 1177.13(a) as permitted uses are permitted uses.
(b) Special Exceptions. Structural or other uses shall be permitted within the floodway fringe as special exception uses to the extent they are not prohibited by any other ordinance and they meet the following applicable standards:
(1) Residences shall be constructed on fill with the lowest floor including basement floor at least one foot above the regional elevations. The fill shall extend at least fifteen feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance with this provision impractical or in other special circumstances, the Board of Appeals may authorize other techniques for elevation. Such structures shall be anchored to resist flotation or lateral movement.
(2) Structures other than residences shall also ordinarily be elevated on fill as provided in subsection (a) hereof but may, in special circumstances, be protected as provided in Section 1177.20(e) to a point at or above the flood protection elevation.
(3) Any new or improved water or sewer system shall be designed to minimize infiltration due to flooding and that any onsite waste disposal systems shall be designed to avoid impairment due to flooding.
(Ord. 76-23. Passed 12-20-76.)
1177.16 BUILDING COMMISSIONER TO ENFORCE.
The Building Commissioner shall administer and enforce this chapter. If he finds a violation of the provisions of this chapter, he shall notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. (Ord. 76-23. Passed 12-20-76.)
1177.17 ZONING PERMIT.
(a) Zoning Permit Required. A zoning permit issued by the Building Commissioner in conformity with the provisions of this chapter shall be secured prior to the erection, addition or alteration of any building or structure or portion thereof; prior to the use or change of use of a building, structure or land; and prior to the change or extension of a nonconforming use; and prior to any development.
(b) Application for Zoning Permit. Application for a zoning permit shall be made in duplicate to the Building Commissioner on forms furnished by him and shall include the following where applicable: plans, in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill and storage of materials; and the location of the foregoing in relation to the channel.
(c) Certificate of Zoning Compliance for New, Altered or Nonconforming Uses.
(1) No person shall use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance has been issued therefor by the Building Commissioner stating that the use of the building or land conforms to the requirements of this chapter.
(2) No conforming structure or use shall be used after substantial alteration until a certificate of zoning compliance has been issued by the Building Commissioner. The certificate of zoning compliance shall state specifically the particulars, if any, in which the nonconforming structure or use differs from the provisions of this chapter.
(d) Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Zoning Compliance. Zoning permits, special exception uses, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided by Section 1177.99. The applicant shall ordinarily be required to submit certification by a registered professional engineer or other qualified person designated by the governing body that the finished fill and building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter.
(Ord. 76-23. Passed 12-20-76.)
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