(A) Conditional uses. Any structure that is not elevated on fill or floodproofed in accordance with § 153.055(B)(1) and (B)(2), or any use of land that does not comply with the standards in § 153.055 (B)(3) or (B)(4) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in division (B) of this section, and in §§ 153.057 and 153.118.
(B) Standards for Flood Fringe conditional uses.
(1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure’s lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, and the like, or above-grade enclosed areas, such as crawl spaces or tuck-under garages. The base or floor of an enclosed area shall be considered above- grade and not a structure’s basement or lowest floor if the enclosed area is above-grade on at least one side of the structure; is designed to internally flood and is constructed with flood resistant materials; and is used solely for parking of vehicles, building access or storage. The above noted alternative elevation methods are subject to the following additional standards
(a) Design and certification. The structure’s design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation, or be designed to prevent flood water from entering or accumulating within these components during times of flooding.
(b) Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas, such as crawl spaces or tuck-under garages, must be designed to internally flood, and the design plans must stipulate the following.
1. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. When openings are placed in a structure’s walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of flood waters.
2. That the enclosed area will be designed of flood-resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code, and shall be used solely for building access, parking of vehicles or storage.
(2) Basements, as defined in § 153.010, shall be subject to the following.
(a) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation.
(b) Nonresidential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry floodproofed in accordance with division (B)(3) of this section.
(3) All areas of nonresidential structures, including basements to be placed below the Regulatory Flood Protection Elevation, shall be floodproofed in accordance with the structurally dry
floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State Building Code, and this shall require making the structure watertight, with the walls substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures floodproofed to the FP-3 or FP-4 classification shall not be permitted.
(4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil, disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state-approved shoreland management ordinance. In the absence of a state-approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on-site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the governing body. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
(5) (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
(b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the governing body.
(6) The provisions of § 153.057 shall also apply.
(Ord. 197, passed 2-26-1990) Penalty, see § 10.99