1106.03 (FP) FLOODPLAIN OVERLAY.

   (a)   Intent. Provisions pertaining to the use and development of lands subject to periodic flooding are provided to encourage development of lands in a manner to reduce the perils of flooding and promote the public health, safety, and general welfare. These objectives include:

      (1)   Protecting human life and health;

      (2)   Minimize damage to public facilities and utilities such as water mains, gas mains, electric lines, telephone lines, sewer lines, streets, and bridges;

      (3)   Minimize prolonged business interruptions; and

      (4)   Regulate orderly development in flood hazard and flood-prone areas to minimize displacement of floodwaters and to minimize damage to private property.

   (b)   Overlay Boundary.

      (1)   The Floodplain Overlay shall be the floodway necessary to preserve the natural capacity of the channel for flood water and the low-lying area on each side where flooding has occurred or where flooding is likely to occur.

      (2)   The Overlay boundary designated on the Zoning District Map is based upon the publication prepared for the State of Ohio Department of Natural Resources by the U.S. Army Corps of Engineers and entitled "Floodplain Information, Big Walnut Creek, Vicinity of Columbus, Ohio, May 1968," and other appropriate information, as may be amended.

      (3)   The regulations of the Floodplain Overlay shall be applied over otherwise zoned areas that meet the criteria listed above.

   (c)   Development Regulations.

      (1)   The Floodplain Overlay shall modify the development regulations of the underlying district classification in conformance with the standards of this Section.

      (2)   Within the Floodplain Overlay, the use and development of such land shall be conducted in such a manner as not to fill the specified areas in a manner that displaces flood waters or to otherwise restrict the flow of flood waters unless otherwise approved by Council upon recommendation of a qualified engineer with experience in this field.

      (3)   Any use or structure allowed in this district shall be so constructed as to proof the use or structure against flood damage by elevating above the flood level or by other appropriate methods and shall be subject to approval by the City Administrator upon recommendation of a qualified engineer with experience in this field. These methods shall include the construction being:

         A.   Adequately anchored to prevent flotation, collapse, and lateral movement of the structure in the event of a flood; and

         B.   Constructed with materials and utility equipment resistant to flood damage.

      (4)   Any alteration, repair, or improvements to a nonconforming structure within this district shall be prohibited if the alteration, repair, or improvements would extend or replace the structure within the floodplain or otherwise do not qualify for a zoning permit.

   (d)   Modifications to Underlying Permitted Uses and Special Permit Uses.

      (1)   Any use that is permitted by-right within the underlying district classification shall instead be permitted within a Floodplain Overlay only through the approval of a special permit (per Section 1125.04 - Special Use Permit).

      (2)   Any use that is permitted through approval of a special permit within the underlying district classification shall remain permitted within a Floodplain Overlay only through the approval of a special permit (per Section 1125.04 - Special Use Permit).

   (e)   Variances from Development Standards. Any variances from development standards shall be reviewed concurrently to the special permit and must adhere to the applicable criteria of this section.

   (f)   Prohibited Uses. Any use that is prohibited within the underlying district classification shall remain prohibited .

   (g)   Standards and Criteria for a Special Permit. In addition to the standards and criteria for review of a special permit set forth in Section 1125.04 - Special Use Permit, the following criteria may be considered:

      (1)   The proposed use, associated structures, and location will not slow or stop the provision of emergency services in the event of flood damage or destruction.

      (2)   The proposed use, associated structures, and location will not create a significant burden on - or cause significant damage to - public infrastructure in the event of flood damage or destruction.

      (3)   The proposed use, associated structures, and location will not displace floodwaters.

   (h)   Lots and Structures that are Partially Within the Floodplain Overlay. The requirements of this section shall only apply to those portions of a lot and those portions of a structure that are mapped as part of the Floodplain Overlay or that are proposed within an area that is mapped as part of the Floodplain Overlay.

   (i)   Criteria for Variances within the Floodplain Overlay.

      (1)   Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

      (2)   Variances may be issued for new construction and substantial improvements proposed 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, in conformance with the procedures of paragraphs (3), (4), and (5) of this rule.

      (3)   Variances shall only be issued upon a showing of good and sufficient cause and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local resolutions or ordinances.

      (4)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      (5)   The City shall maintain a record of all variance actions, including justification for their issuance, and upon request, submit such information to the chief of the division of water in the department of natural resources.

      (6)   Variances may be issued by the City for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (1) the criteria within this section are met, and (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

         (Ord. 081-2023. Passed 10-3-23.)