Section
General Provisions
157.01 Findings of fact
157.02 Statement of purpose
157.03 Methods of reducing flood loss
157.04 Lands to which these regulations apply
157.05 Basis for establishing the areas of special flood hazard
157.06 Abrogation and greater restrictions
157.07 Interpretation
157.08 Warning and disclaimer of liability
157.09 Definitions
Use and Development Standards for Flood Hazard Reduction
157.20 Use regulations
157.21 Water and wastewater systems
157.22 Subdivisions and large developments
157.23 Residential structures
157.24 Nonresidential structures
157.25 Accessory structures
157.26 Recreational vehicles
157.27 Above ground gas or liquid storage tanks
157.28 Assurance of flood carrying capacity
Administration
157.40 Designation of Floodplain Administrator; duties and responsibilities
157.41 Floodplain development permits
157.42 Application required
157.43 Review and approval of a floodplain development permit application; inspections
157.44 Post-construction certifications required
157.45 Revoking a floodplain development permit
157.46 Exemption from filing a development permit
157.47 Map maintenance activities
157.48 Data use and flood map interpretation
157.49 Substantial damage determinations
Appeals and Variances
157.65 Appeals Board established; powers and duties
157.66 Variances
157.67 Appeal to the court
Enforcement
157.80 Compliance required
157.81 Notice of violation
157.82 Violations and penalties
GENERAL PROVISIONS
The City of Montgomery has special flood hazard areas that are subject to periodic inundation which may result 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. Additionally, structures that are inadequately elevated, flood proofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(A) Protect human life and health;
(B) Minimize expenditure of public money for costly flood control projects;
(C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(D) Minimize prolonged business interruptions;
(E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(F) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and to minimize future flood blight areas;
(G) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(H) Minimize the impact of development on adjacent properties within and near flood prone areas;
(I) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(J) Minimize the impact of development on the natural, beneficial values of the floodplain;
(K) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(L) Meet community participation requirements of the National Flood Insurance Program.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
In order to accomplish its purposes, these regulations include methods and provisions for:
(A) Restricting or prohibiting uses which are dangerous to health, safety and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(B) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(C) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(D) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and
(E) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Montgomery as identified in § 157.05, including any additional areas of special flood hazard annexed by the City of Montgomery.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
For the purposes of these regulations, the following studies and/or maps are adopted:
(A) Flood Insurance Rate Map Hamilton County, Ohio and Incorporated Areas dated May 17, 2004. Flood Insurance Study Hamilton County, Ohio and Incorporated Areas dated May 17, 2004.
(B) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Montgomery as required by Section 4.3, Subdivisions and Large Scale Developments.
(C) Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Building and Development Office, City of Montgomery, 10101 Montgomery Road, Montgomery, Ohio 45242.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
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