(a) Use Regulations.
(1) Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Oxford are allowed provided they meet the provisions of these regulations.
(2) Prohibited Uses.
A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
(b) Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring, herein, and construction materials resistant to flood damage in Section 1153.05(e) are satisfied.
(2) All manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(c) Utilities, Water & Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood water; and
(3) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d) Subdivisions (and Large Developments) All subdivision proposals, including manufactured home subdivisions, shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(1) All subdivision proposals, including manufactured home subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(2) All subdivision proposals, including manufactured home subdivisions, shall have adequate drainage provided to reduce exposure to flood damage; and
(3) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
(4) The applicant shall meet the requirement to submit technical data to FEMA in Section 1153.04(j)(1)A. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by subsection (d)(3) above.
(e) Construction materials and methods. The following standards apply to all new and substantially improved residential and nonresidential structures:
(1) All new construction and substantial improvements shall be constructed with materials resistant to flood damage;
(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage; and
(3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning and/or located so as to prevent water from entering or accumulation within the components during conditions of flooding.
(4) The following standards apply to all new construction and substantially improved residential, including manufactured homes, and nonresidential structures that are elevated two feet above the base flood elevation using pilings, columns, or posts or solid foundation perimeter walls, with openings sufficient to allow unimpeded movement of flood waters, may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area of not less than one square inch for every square foot of enclosed area, and
D. The bottom of all openings shall be no higher than one foot above grade. The openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(5) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this Section.
(f) Residential construction.
(1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated two feet above the base flood elevation.
(g) Nonresidential construction.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1153.05.
(2) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated two feet above the base flood elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation. In order to be eligible for lower flood insurance rates, the structure should be flood proofed at least one foot above the base flood elevation.
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered professional engineer or architect through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of subsection (g)(2)A and B above. Such certification shall be provided to the official as set forth in Section 1153.04(c) and (e).
(h) Accessory structures.
(1) A relief to the elevation or dry flood proofing standards may be granted for accessory structures (e.g., sheds, detached garages) containing no more than 600 square feet in gross floor area. Such structures shall meet the following standards:
A. They shall not be used for human habitation;
B. They shall be designed of flood resistant materials;
C. They shall be constructed and placed on the lot so as to offer the minimum resistance to the flow of floodwaters;
D. They shall be firmly anchored to prevent flotation; and
E. Service facilities such as electrical and heating equipment shall be elevated or floodproofed two feet above the base flood elevation; and
(i) Recreational vehicles. Recreational vehicles shall meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for 180 days or more, or
(2) They shall be fully licensed and ready for highway use, or
(j) 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.
(k) 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:
(1) Development in floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential. The following provisions apply within all delineated floodway areas:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a hydrologic and hydraulic analysis performed by a registered professional engineer, demonstrating that the proposed development would not result in any increase in flood levels during the occurrence of the base flood discharge.
B. Any development within the floodway that would result in an increase in base flood elevations can only be granted upon may be permitted provided all of the following are completed by the applicant;
ii. An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
iii. Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
iv. 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
v. Concurrence of the City Manager of the City of Oxford and the Floodplain Administrator of any other communities impacted by the proposed actions.
vi. Approval by the Federal Emergency Management Agency.
(2) Development in Special Flood Hazard Areas with Base Flood Elevations but No Floodways.
A. In 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 water surface elevation of the base flood more than 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 meet; or
B. Development in 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:
i. 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;
(3) Standards in special flood hazard areas without base flood elevation data.
In all areas of special flood hazard on the Flood Insurance Rate Map where base flood elevation data is not available from any source, the following provisions apply:
A. New construction and substantial improvement of any residential, manufactured home, commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated to at least two feet above the highest adjacent natural grade.
(4) Alteration of watercourses. 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:
A. Notify adjacent communities, the Ohio Department of Natural Resources, Division of Water, the U.S. Army Corps of Engineers prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
B. 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 altered or relocated portion of said watercourse will not be diminished.
C. 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 Oxford specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1153.04(j)(1) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 3128. Passed 10-19-10.)