(a) Purpose. These regulations are intended to achieve the general purpose of this code; to protect human life and health; to minimize the expenditure of public money for costly flood control projects and rescue and relief efforts; to ensure that potential buyers are notified that property is in an area of special flood hazard; to minimize private losses; and to ensure that those who occupy areas within an area designated as a special flood hazard area by the Federal Emergency Management Agency (FEMA) assume responsibility for their actions.
(b) Applicability. The standards of this section shall apply to all areas of special flood hazard within the jurisdiction of the Village. The areas of special flood hazard within the Village of Sheffield have been identified by the Federal Emergency Management Agency and are identified in a Flood Boundary and/or Flood Insurance Rate Map dated June 18, 1980, and any revisions thereto are hereby adopted by reference and declared to be part of this section, and is on file at the Village Hall.
(c) Compliance. Unless specifically exempted according to Section 1113.09(h)(3), no structure or land shall hereafter be located, erected, constructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of this section.
(d) Warning And Disclaimer Of Liability. The degree of flood protection required by this section 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 man-made or natural causes. This code does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. Therefore, this code shall not create liability on the part of the Village, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this code or any administrative decisions lawfully made thereunder.
(e) Variance Procedure.
(1) When evaluating requests for variances from the requirements of this section, the BZA shall consider, in addition to the requirements of Section 1113.09(f), all technical evaluations, all relevant factors, all standards specified in this section, and:
A. The danger that materials may be swept onto other lands to the injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility to the community;
E. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
F. The necessity for the facility to have a waterfront location, where applicable;
G. The compatibility of the proposed use with existing and anticipated development;
H. The relationship of the proposed use to the flood plain management program for the area;
I. The safety of access to the property in times of flood for ordinary and emergency vehicles;
J. The expected heights, velocity, duration, rate of rise, and sediment transport or the flood waters and the effects of wave action, if applicable, expected at the site; and
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(2) Conditions for Variances.
A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1113.09(e)(1) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.
C. Variances shall not be issued within any designated floodway if the result will be any increase in flood levels during the base flood discharge.
D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and,
iii. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in this ordinance, additional threats to public safety, extraordinary public expense, create nuisances, or conflict with existing local laws or ordinances.
F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(f) General Provisions For Flood Hazard Reduction. The following standards shall apply to all areas that are designed as special flood hazard areas:
(1) Anchoring. 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.
(2) Construction Materials and Methods.
A. All new construction and substantial improvements shall be constructed with materials resistant to flood damage.
B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. All 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 located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(3) Utilities.
A. All new and replaced water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
B. 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
C. Individual wastewater treatment systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) Subdivision Proposals.
A. All subdivision proposals shall be consistent with the need to minimize flood damage.
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
C. All subdivision proposals shall have adequate drainage and grading provided to reduce exposure to flood damage.
D. Base flood elevation data shall be provided for subdivision proposals.
E. Authorization to proceed through zoning compliance review for any subdivision which contains land within a special flood hazard area shall not be given unless the plat and development plans show the boundary of the special flood hazard areas and contain in clearly discernible print the statement that such land is restricted by this section.
(g) Specific Standards. In addition to the general provisions of Section 1113.09(f), the following specific standards are required for special flood hazard areas:
(1) Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including the basement, elevated to at least one foot above the base flood elevation.
(2) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including the basement elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:
A. Be floodproofed so that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water;
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 that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of this section.
(3) Accessory Structures. An exemption to the elevation or dry floodproofing standards may be granted for accessory structures (e.g., sheds, detached garages) containing 500 square feet or less in gross floor area. Such structures must meet the encroachment provisions of Section 1113.09(h) and the following additional standards:
A. They shall not be used for human habitation;
B. They shall be designed to have low flood damage potential;
C. They shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of flood waters;
D. They shall be firmly anchored to prevent flotation; and,
E. Service facilities such as electrical and heating equipment shall be elevated or floodproofed.
(4) Manufactured Homes. The following standards shall apply to all new and substantially improved manufactured homes. Where the provisions of this Section conflict or overlap with State Law, whichever imposes the more stringent restrictions shall prevail.
A. Manufactured homes shall be 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, the use of over-the-top or frame ties to ground anchors.
B. Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation.
C. Necessary surface drainage and easy access for manufactured home haulers shall be provided in manufactured home parks.
D. Load-bearing foundation supports must be placed on stable soil or concrete footings no more than ten (10) feet apart, and if the support height is greater than seventy-two (72) inches, the support must contain steel reinforcement.
(5) Enclosures Below Base Flood Elevation. The following provisions shall apply to all new and substantially improved residential and nonresidential structures which are elevated to or above base flood elevation using pilings, columns, or posts or which contain a crawl space. These structures may enclose the area below the base flood elevation provided the following conditions are met:
A. Fully enclosed areas below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls allowing for the entry and exit of flood waters. Designs for meeting this requirement must:
i. Be certified by a registered professional engineer or architect; or,
ii. Must meet or exceed the following criteria:
a) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area shall be provided;
b) The bottom of all openings shall be no higher than one (1) foot above grade; and,
c) Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of flood waters.
B. Any enclosure which meets these criteria shall be considered as having met the requirements of Section 1113.09(f)(1).
(6) Water Supply and Sanitary Sewer Systems. Whenever any portion of a proposed development is located within a special flood hazard area, the agency or agencies responsible for certifying the adequacy of the water supply and sewage disposal system for the Village shall be notified. Such agency shall certify that any new water supply or sanitary sewer system is adequately designed to minimize or eliminate infiltration of flood waters into it, to eliminate discharge from sewers into floodwaters, and to avoid impairment during times of flooding.
(7) Drainage and Erosion Control.
A. Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive forces of the base flood.
B. To the extent practicable, all development shall conform to the natural contours of the land. Natural and preexisting man-made drainage ways shall remain undisturbed.
C. All developments shall be provided with a drainage system that prevents retention of surface water on the development site unless the retention results from a technique, practice, or device deliberately installed as part of an approved sedimentation or stormwater runoff control plan.
D. No surface water may be channeled or directed into a sanitary sewer.
(h) Floodways. The Flood Insurance Rate Map referenced in Section 1113.09(b) identifies a segment within areas of special flood hazard known as a floodway. Floodways may also be delineated in other sources of flood information. The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential. The following provisions apply to all delineated floodway areas.
(1) No encroachments, including fill, new construction, substantial improvements, and other development, shall be permitted in a floodway.
(2) Any obstructions, other than a natural obstruction, capable of reducing the flood-carrying capacity of a stream or may accumulate debris and thereby reduce the flood-carrying capacity of a stream shall not be located in a floodway, except as provided in Section 1113.09(h)(3).
(3) Permitted uses within a floodway are limited to the following:
A. Agriculture;
B. Ground-level parking and loading areas;
C. Public and private active recreational areas; and.
D. Passive parks, open spaces, and natural areas.
(4) Maintenance work, such as roofing, painting, basement sealing, and improvements that are not substantial, as defined in this code, shall be permitted within floodways.
(i) Violations And Penalties.
Violations of the provisions of this section or failure to comply with any of its requirements shall constitute a violation under the terms of this code and shall be subject to Chapter 1127: Enforcement and Penalties.
(Ord. 2879. Passed 10-23-23.)