(A) Definitions. As used in this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) FLOOD HAZARD AREA. All those portions of land within the corporation limits of the village from time to time that are also identified as “Special Flood Hazard Areas Inundated By 100-Year Flood” or as “Floodway Areas in Zone AE” on the Flood Insurance Rate Map for Franklin County, Ohio and Incorporated Areas, prepared for the National Flood Insurance Program by the Federal Emergency Management Agency, that is effective as of August 2, 1995, as the same shall be amended from time to time after that date including, but not exclusively, amendments thereto that shall be effective as of April 21, 1999, which maps are hereby incorporated by reference as part of this chapter.
(B) Development prohibited.
(1) No building or structure shall hereafter be constructed, erected, altered, enlarged or remodeled within the flood hazard area of the village, and no permit shall be issued pursuant to Chapter 150 of this code, or any subsequent ordinance of this village, and no such permit, if issued after the effective date of this chapter, shall be valid or confer any rights upon the holder thereof, if such permit provides for the construction, erection, alteration, enlargement or remodeling of any structure located, in whole or in part, within the flood hazard area of the village, unless there is first issued and then remains unexpired and outstanding any certificate of appropriateness for such construction as required by this chapter and the applicable provisions of any other ordinance of this village. A certificate of appropriateness for construction within a flood hazard area of the village shall be subject to the provisions of §§ 151.002 and 151.066 through 151.069 of this chapter, and the further provisions of this chapter, all as may hereafter be amended.
(2) Anyone seeking the issuance of a certificate of appropriateness for any structure to be located, in whole or in part, within the flood hazard area of the village, must provide as part of the application therefor, compelling evidence that the structure shall comply with the following restrictions:
(a) The structure shall not be used other than for non-commercial gardening, park, recreational or similar uses incident to the use of a single family residence located on the lot in an area outside the flood hazard area. In no instance will the flood hazard area be considered suitable or permissible for the location of residential structures;
(b) Any structure or other development in the flood hazard area shall be:
1. Anchored to resist flotation, collapse or lateral movement;
2. Constructed with materials and utility equipment resistant to flood damage;
3. Constructed using methods and practices that are designed to control erosion and minimize flood damage.
(c) No land lying within a flood hazard area of the village shall be filled in any manner whatsoever, except for control of erosion caused by river flow, and any such fill placed for erosion purposes within the flood hazard area must meet the encroachment provisions of division (B)(2)(e) below of this section.
(d) No land lying in the flood hazard area shall be excavated in any manner except pursuant to a grading plan approved by the Planning Commission; and
(e) No encroachment, including fill, new construction, substantial improvements, or other development may be placed within the flood hazard area unless a technical evaluation demonstrates that the proposed encroachment shall not result in any increase flood levels during the occurrence of a 100-year discharge.
(3) No certificate of appropriateness shall be issued for construction within a flood hazard area in the village that does not provide compelling evidence of the compliance with or inapplicability of all the foregoing restrictions or conditions.
(Ord. 764, passed 4-19-1999; Am. Ord. 03-2014, passed 8-18-2014)