The following use and development standards apply to development wholly within, partially within, or in contact with any Special Flood Hazard area:
All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Toledo are allowed provided they meet and do not conflict with the provisions of these regulations.
A. Prohibited Uses
1. Private water supply systems in all Special Flood Hazard Areas that would be otherwise permitted under Section 3701 of the Ohio Revised Code.
2. Infectious waste treatment facilities in all Special Flood Hazard Areas that would be otherwise permitted under Section 3734 of the Ohio Revised Code.
3. New construction of any residential or nonresidential structures in Floodway areas.
4. Storage or processing of materials that are hazardous, pollutants, flammable, poisonous, explosive, or could be injurious to human, animal or plant life in time of flooding or that have a high flood damage potential in the identified Special Flood Hazard Area.
5. Storage or use of material or equipment that, in time of Flooding, could become buoyant and pose an obstruction to flow in identified Floodway areas, unless however, the material or equipment is firmly anchored to prevent flotation.
B. Water, Sanitary Sewer and Waste 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;
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 Floodwaters; 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.
4. In all Special Flood Hazard Areas 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 major (Platted) Subdivision proposals, and other proposed Developments at least 5 acres or 50 lots in size, whichever is less.
5. The applicant shall meet the requirement to submit technical data to FEMA when a Hydrologic and Hydraulic Engineering Analysis is completed that generates Base Flood Elevations.
6. All preliminary plans for Platted subdivisions shall identify the Flood hazard area and the elevation of the Base Flood, where published Base Flood Elevation data are available.
7. All final subdivision Plats shall provide the boundary of the Special Flood Hazard Area, the Floodway boundary, and Base Flood Elevations.
8. In Platted subdivisions, all proposed lots or parcels that will be future building sites shall have a minimum buildable area outside the natural (non-Filled) 1% chance annual Floodplain. The buildable area shall be large enough to accommodate any primary Structure and associated Structures such as sheds, barns, swimming pools, detached garages, on-site sewage disposal systems, and water supply wells, if applicable.
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 and construction materials resistant to Flood damage 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 crawl space or Basement, elevated to or above the Flood Protection Elevation. In Zone AO areas with no elevations specified, the Structure should have the Lowest Floor, including crawl space or Basement, elevated at least two feet above the highest adjacent natural grade. Where Flood protection data are not available the Structure shall have the Lowest Floor, including crawl space or Basement, elevated at least two feet above the highest adjacent natural grade. Support Structures and other foundation members shall be certified by a registered professional engineer or architect as designed in accordance with ASCE 24, Flood Resistant Design and Construction.
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 for residential Structures.
8. In AO Zones, New Construction and Substantial Improvement shall have adequate drainage paths around Structures on slopes to guide Floodwaters around and away from the Structure.
9. Each new residential site adjacent to a roadway which is above the Base Flood Elevation, shall have direct access from each structure to a walkway, driveway, or roadway whose surface elevation is not less than the Flood Protection Elevation and such escape route shall lead directly out of the 1% chance annual Floodplain area.
E. Nonresidential Structures
1. New Construction and Substantial Improvement of any commercial, industrial or other nonresidential Structure shall meet the requirements identified in Section 1110.0600(D)(1) through (3), and (5) through (7).
2. New Construction and Substantial Improvement of any commercial, industrial or other non-residential Structure shall either have the Lowest Floor, including crawl space or 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 satisfy this Chapter.
3. Where Flood protection data are not available the Structure shall have the Lowest Floor, including Basement, elevated at least two feet above the highest adjacent natural grade.
4. Each new nonresidential site adjacent to a roadway which is above the Base Flood Elevation, shall have direct access from each structure to a walkway, driveway, or roadway whose surface elevation is not less than the Flood Protection Elevation and such escape route shall lead directly out of the 1% chance annual Floodplain area.
F. Accessory Structures
Relief to the elevation or dry Floodproofing standards may be granted for Accessory Structures containing no more than 600 square feet. Such Structures: must not be used for human habitation; shall be constructed of Flood resistant materials; shall be constructed and placed on the lot to offer the minimum resistance to the flow of Floodwaters; shall be firmly anchored to prevent flotation; and shall meet the opening requirements of Section 1110.0600(D)(5)(c). Moreover, service facilities such as electrical and heating equipment shall be elevated or Floodproofed to or above the level of the Flood Protection Elevation.
G. Recreational Vehicles shall not be located on sites in Special Flood Hazard Areas for more than 180 days, or they must be fully licensed and ready for highway use, or else they must meet all standards for residential Structures.
H. Above Ground Gas or Liquid Storage Tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
I. The following standards apply to all Fill activities in Special Flood Hazard areas:
1. Fill sites, upon which Structures will be constructed or placed, must be compacted to 95 percent of the maximum density obtainable with the Standard Proctor Test method or an acceptable equivalent method.
2. Fill slopes shall not be steeper than one foot vertical to two feet horizontal.
3. Adequate protection against erosion and scour is provided for Fill slopes. When expected velocities during the occurrence of the Base Flood of five feet per second armoring with stone or rock protection shall be provided. When expected velocities during the Base Flood are five feet per second or less protection shall be provided by vegetative cover.
4. Fill shall be composed of clean granular or earthen material.
5. Fill shall not be placed in the designated Floodway.
6. Fill shall not be placed in wetland areas without approvals from Ohio EPA and the US Army Corps of Engineers, as required by law.
(Ord. 368-11. Passed 7-26-11.)