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1335.09 ABROGATION AND GREATER RESTRICTIONS.
   These regulations are not intended to repeal any existing ordinances (resolutions) including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance (resolution), the more restrictive shall be followed. These regulations shall not impair any deed restriction covenant or easement but the land subject to such interests shall also be governed by the regulations.
(Ord. 32-07. Passed 5-14-07)
1335.10 INTERPRETATION.
   (a)   In the interpretation and application of these regulations, all provisions shall be:
      (1)   Considered as minimum requirements;
      (2)   Liberally construed in favor of the governing body; and
      (3)   Deemed neither to limit nor repeal any other powers granted under State statutes.
   (b)   Where a provision of these regulations may be in conflict with a state law, such state law shall take precedence over these regulations.
(Ord. 32-07. Passed 5-14-07)
1335.11 WARNING AND DISCLAIMER OF LIABILITY.
   The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the City, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.
(Ord. 32-07. Passed 5-14-07; Ord. 05-16. Passed 2-8-16.)
1335.12 ESTABLISHMENT OF DEVELOPMENT PERMIT.
   It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1335.07, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(Ord. 32-07. Passed 5-14-07)
1335.13 EXEMPTION FROM FILING A DEVELOPMENT PERMIT.
   An application for a development permit shall not be required for:
   (a)   Maintenance work such as roofing, painting and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than five thousand dollars ($5,000);
   (b)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701;
   (c)   Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code;
   (d)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code; and
   (e)   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 – Floodplain Management.
   Any proposed action exempt from filing for a development permit is also exempt from the standards of these regulations.
(Ord. 32-07. Passed 5-14-07)
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