1335.28 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
   The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section 1335.07 or 1335.18(a):
   (a)   Use Regulations
      (1)   Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the City 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)   Water and 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 waters; and;
      (3)   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
   (c)   Subdivisions and Large Developments.
      (1)   All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
      (2)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
      (3)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
      (4)   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; and
      (5)   The applicant shall meet the requirement to submit technical data to FEMA in Section 1335.17(a)(1) D. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 1335.28(c)(4).
   (d)   Residential Structures.
      (1)   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 (this paragraph) and construction materials resistant to flood damage (Section 1335.28(d)(2)) are satisfied.
      (2)   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
      (3)   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
      (4)   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In Zone A areas where no flood protection elevation data are available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
      (5)   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, 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 the 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 not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
      (6)   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.
      (7)   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 Section 1335.28(d).
   (e)   Nonresidential Structures.
      (1)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1335.28(d)(1) – (3) and (5) –(7).
      (2)   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
         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;
         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 Section 1335.28(e)(2)A. and B.
      (3)   In Zone A areas where no flood protection elevation data are available, the structure shall have the lowest floor, including basement, elevated or dry floodproofed at least two feet above the highest adjacent natural grade.
   (f)   Accessory Structures. Relief to the elevation or dry floodprooting standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
      (1)   They shall not be used for human habitation;
      (2)   They shall be constructed of flood resistant materials;
      (3)   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
      (4)   They shall be firmly anchored to prevent flotation;
      (5)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
      (6)   They shall meet the opening requirements of Section 1335.28(d)(5)C.
   (g)   Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
      (1)   They shall not be located on sites in special flood hazard areas for more than 180 days, or
      (2)   They must be fully licensed and ready for highway use, or
      (3)   They must meet all standards of Section 1335.28(d).
   (h)   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.
(Ord. 32-07. Passed 5-14-07; Ord. 05-16. Passed 2-8-16.)