(1980 Code, § 152.03) (Ord. 6689, passed 11-6-2000) Penalty, see § 152.99

(1980 Code, § 152.04) (Am. Ord. 4493, passed 11-19-1984) Penalty, see § 152.99

(1980 Code, § 152.05) (Am. Ord. 4493, passed 11-19-1984) Penalty, see § 152.99

(1980 Code, § 152.06) Penalty, see § 152.99

   Before moving any building or other structure, the licensee shall procure a permit from the Public Works Director for each building or other structure to be moved.

(1980 Code, § 152.07) (Am. Ord. 4493, passed 11-19-1984) Penalty, see § 152.99

(1980 Code, § 152.08) (Am. Ord. 4493, passed 11-19-1984) Penalty, see § 152.99

(1980 Code, § 152.09) Penalty, see § 152.99

   When made, the spacing and numbering of any streets or avenues in the city shall be in the manner described in this section. If any question arises concerning the numbering, it shall be determined by the Planning Director. Every number shall be legible and fixed in a conspicuous place on the front of the building and visible from the public right-of-way. In the case of a corner lot the number shall be affixed on the side facing the public right-of-way to which the number applies. All rear access doors on industrial, commercial and multi-family structures shall have the correct street number and street name placed upon the access door or immediately adjacent thereto. The numbers shall be at least three inches in height but shall not exceed six inches in height.

(1980 Code, § 152.12) (Am. Ord. 4189, passed 3-1-1982; Am. Ord. 8013, passed 5-17-2010)

(1980 Code, § 152.13) Penalty, see § 152.99

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 8211, passed 12-3-2012)

   Lighting fixtures and devices from which direct glare is visible on adjoining roads or property is prohibited. Flashing lights are prohibited.

(Ord. 8211, passed 12-3-2012)

   (A)   All sources of illumination of the exterior of buildings or grounds shall be shielded so as to not cause direct glare and shall be directed away from any lot lines and toward the principal building and off-street parking area(s).

   (B)   To this end and to minimize light trespass, all lighting fixtures with lamps rated at initial lumens of 2,500 or greater must be the full cutoff type.

   (C)   No direct or sky-directed glare, whether from floodlights or from high-temperature processes such as welding or otherwise, so as to create a public nuisance at or beyond the boundaries of the lot occupied by the use is permitted. All sources of illumination of the exterior of the building or grounds shall be shielded so as to not cause glare that is hazardous to the operation of a vehicle on a public way.

(Ord. 8211, passed 12-3-2012)

   (D)   Allow an accumulation of earth, rubbish, garbage, litter, or other materials which could attract and propagate vermin or insects which could endanger public health;

   (H)   (1)   Allow any building or structure to become so dilapidated as to materially interfere with the peaceful enjoyment of adjacent property owners or endanger public health or safety; or

      (2)   The Safety Director or his or her designee, at his or her discretion, may deem a building or structure an endangerment of public health or safety. If a building or structure is so deemed, the Safety Director may cause the public health or safety concern to be mitigated at the owner’s expense, the cost which shall be paid to the Finance Director. If said expense is not paid within 30 days of notice, the Finance Director may certify the amount to the County Auditor and request that the charge be added to the tax duplicate associated with the property.

      (3)   Properties within an historic district shall adhere to regulations set forth by § 158.13(C).

   (I)   Allow any building or single apartment residence to become such a nuisance to the surrounding neighborhood that it impedes the quiet enjoyment of other residents or destroys the residential character of the community because it is the subject of habitual offenses of disorderly conduct; illegal open container; furnishing, dispensing or consumption of beer or intoxicating liquor; sale or furnishing of beer or intoxicating to an underage person; possession or consumption of beer or intoxicating liquor by underage person; illegal use of a controlled substance; public indecency; unlawful deposit of litter or refuse; criminal damage; or unlawful loud noise; violations of § 152.20(D); or violations of Chapter 94.

         (e)   Illegal use of controlled substance;

         (f)   Criminal damage;

         (g)   Failure to maintain a litter free premises; and

         (h)   Nuisance violations (such as noise, overgrown weeds, grass, brush, or violations of Chapter 94).

(1980 Code, § 152.20) (Am. Ord. 7240, passed 6-7-2004; Am. Ord. 8045, passed 10-4-2010; Ord. 8566, passed 3-6-2017; Am. Ord. 8781, passed 7-15-2019; Am. Ord. 8878, passed 3-15-2021) Penalty, see § 152.99

   (A)   Whenever complaint is made to the Municipal Administrator, or designee of a violation of § 152.20 or whenever he or she has reason to believe a violation exists, he or she shall promptly inspect the premises on which the alleged violation exists. The Municipal Administrator, or designee, shall cause photographs of the property showing the unlawful condition(s) to be made and filed with the report. The Municipal Administrator, or his/her designee, after an inspection finds that a violation does exist, he or she shall promptly notify the Fire Chief or the county health commissioner, along with the person who, from the property records of Wood County, appears to be the owner of the premises. TheMunicipal Administrator, or designee, shall request the Fire Chief or health commissioner to perform an inspection, whichever most closely aligns with the violation.

   (B)   (1)   The Municipal Administrator, or designee, shall serve the person who is in possession or in charge of the premises or the person who from the property records in Wood County appears to be the owner of the property. If that person cannot be found, he or she shall post a copy of the notice on the premises. The notice shall refer to the provisions of this chapter and shall state that unless the violation is abated, proceedings will be taken in accordance with this chapter.

      (2)   For violations of § 152.20(D), notice shall be mailed to the owner as identified by the records of Wood County or posted on the premises. Notice shall allow five days to abate violation if mailed or two days to abate if posted on the premises.

   (C)   Upon receipt of notice, the Fire Chief shall inspect the premises and make a written report of his or her findings, which, together with the report of the Municipal Administrator or his or her designee, shall be filed.

(1980 Code, § 152.21) (Ord. 4493, passed 11-19-1984; Am. Ord. 8781, passed 7-15-2019)

   If the unlawful condition referred to in § 152.22 is not abated within the time stated in the notice, the Municipal Administrator or his or her authorized representative shall have the right to enter the premises or upon the property and abate any unlawful condition at the cost to the property owner. The Municipal Administrator or designee shall send an invoice to the property owner for payment. If payment is not made by the owner, then the Finance Director shall certify the billing for such services and labor to the City council so that such charges can be certified to the county auditor to be entered upon the tax duplicate to become a lien upon such lands from and after the date of entry and to be collected as other taxes and returned to the city according to law.

(1980 Code, § 152.24) (Am. Ord. 8781, passed 7-15-2019)

   In abating any unlawful condition pursuant to § 152.24, the Public Works Director may take action necessary to complete the abatement and may utilize any labor or equipment of the city or may contract for the abatement if the contract may be let without any expense to the city. If it is practicable to sell or salvage any material resulting from the abatement, the Public Works Director may cause the same to be sold at public or private sale at the best price obtainable and he or she shall keep an account of the proceeds. The proceeds shall be deposited in the general fund of the city and, if the amount received is less than the cost of the abatement, the Public Works Director shall report the matter to Council, which shall levy an assessment for the deficiency against the premises upon which the unlawful condition was abated and cause the assessment to be certified and collected as other assessments by the city. If the proceeds of the sale of any material salvaged in the course of abatement exceed the cost, the excess shall be paid to the owner of the premises upon the filing of a claim and proof of title and right to the surplus.

      (1)   When the loss agreed to between the named insured or insureds and the insurance company or insurance companies equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies in accordance with R.C. § 715.26(F) shall transfer from the insurance proceeds to the Finance Director in the aggregate amount of $2,000 for each $15,000, and each fraction of that amount, of a claim, or, if at the time of a proof of loss agreed to between the named insured or insureds and the insurance company or companies the named insured or insureds have submitted a contractor’s signed estimate of the costs of removing, repairing, or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate. Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or structure. Policy proceeds remaining after the transfer to the city may be disbursed in accord with the policy terms. The named insured or insureds may submit a contractor’s signed estimate of the costs of removing, repairing, or securing the building or other structure after the transfer, and the Finance Director, after notifying the Safety Director and Planning Director, shall return the amount of the fund in excess of the estimate to the named insured or insureds, provided that the city has not commenced to remove, repair, or secure the building or other structure.

(1980 Code, § 152.25A) (Ord. 4394, passed 2-21-1984 ; Am. Ord. 9123, passed 9-18-2023)

   No person shall demolish a building or other structure without obtaining a permit from the Public Works Director. When a building or other structure to be demolished is within a designated historic overlay zone, the Public Works Director shall issue a permit for demolition only after a certificate of appropriateness has been granted by the Historic Preservation Commission under the provisions of § 158.07 or under the provisions of § 158.13(C).

(1980 Code, § 152.27) (Ord. 2084, passed 6-7-1965; Am. Ord. 4493, passed 11-19-1984; Am. Ord. 8878, passed 3-15-2021)

   Permit fees for the demolition of any building or structure shall be set forth in § 35.70. A separate permit and fee shall be required for each separate building or structure.

(1980 Code, § 152.29) (Ord. 2084, passed 6-7-1965; Am. Ord. 9046, passed 12-19-2022)

   (A)   In any demolition operation, safety precautions shall be in conformity with §§ 152.27 through 152.47 and, if not provided for in those sections, in conformity with accepted safe and sanitary practice so as to ensure protection of workers and the general public.

   Protection for pedestrians on sidewalks or walkways shall be provided and maintained in conformity with §§ 152.27 through 152.47 during all times when they might be endangered by the demolition operation. The protection shall consist of barricades, fences, or sidewalk sheds approved by the Safety Director, except that an approved sidewalk shall be provided and maintained whenever material is being moved over the sidewalk or walkway by derrick, hoist, or chute, or whenever the building being demolished is more than 25 feet high and is located 15 feet or less from the sidewalk or walkway.

   The permittee shall fill or cause to be filled all excavations, such as basements, cellars, or areaways which exist due to the demolition operation. Excavations shall be filled to a smooth grade with earth, stone, or other approved material, none of which shall contain wood or other material which might cause an infestation of termites or rats. The fill shall be made immediately after demolition has been completed unless it is intended to use the excavation for a new building within 60 days after completion of the demolition. In such case, the owner of the property on which the excavation exists shall comply with §§ 152.27 through 152.47 relative to guarding against or eliminating the hazards due to the existence of the excavation. Prior to starting filling operations, the permittee shall ensure that all utilities’ service connections, such as gas lines or sewer and water laterals, are removed or sealed and plugged in a safe and approved manner.

(1980 Code, § 152.49) (Ord. 3423, passed 3-5-1976; Am. Ord. 7397, passed 5-16-2005) Penalty, see § 152.99

(1980 Code, § 152.50) (Ord. 4268, passed 10-18-1982) Penalty, see § 152.99

(1980 Code, § 152.51) (Ord. 4268, passed 10-18-1982; Am. Ord. 5546, passed 4-19-1993; Am. Ord. 6398, passed 11-16-1998) Penalty, see § 152.99

      (1)   Protect human life and health;

      (2)   Minimize expenditure of public money for costly flood control projects;

      (3)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      (4)   Minimize prolonged business interruptions;

      (5)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

      (6)   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

      (7)   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

      (8)   Minimize the impact of development on adjacent properties within and near flood-prone areas;

      (9)   Ensure that the flood storage and conveyance functions of the floodplain are maintained;

      (10)   Minimize the impact of development on the natural, beneficial values of the floodplain;

      (11)   Prevent floodplain uses that are either hazardous or environmentally incompatible; and

      (12)   Meet community participation requirements of the National Flood Insurance Program.

      (1)   Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

      (2)   Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

      (3)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

      (4)   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and

      (5)   Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.

      (2)   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.

      (3)   Any hydrologic and hydraulic engineering analysis authored by a registered professional engineer in the State of Ohio which has been approved by the city as required by § 152.70(M)(3) Subdivisions and Large Developments.

   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at City Hall, 304 North Church Street, Bowling Green, Ohio 43402.

      (1)   Considered as minimum requirements;

      (2)   Liberally construed in favor of the governing body; and

      (3)   Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations.

         (a)   The overflow of inland or tidal waters; and/or

         (b)   The unusual and rapid accumulation or runoff of surface waters from any source.

         (a)   Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.

         (b)   Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.

         (c)   Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of one to three feet (usually sheet flow on sloping terrain); average depths are determined.

         (d)   Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of one to three feet (usually areas of ponding); base flood elevations are determined.

         (e)   Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a federal flood protection system under construction; no base flood elevations are determined.

         (f)   Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than one foot or with contributing drainage area less than one square mile; and areas protected by levees from the base flood.

         (g)   Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.

         (a)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

         (b)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

         (c)   Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

         (a)   Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.

         (b)   Letter of Map Revision (LOMR). A revision based on technical data that, usually due to man- made changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.

         (c)   Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.

Chapter 4733.

Chapter 4733.

         (a)   Any improvement to a structure that is considered new construction;

         (b)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

         (c)   Any alteration of a historic structure, provided that the alteration would not preclude the structure's continued designation as a historic structure.

         (a)   Evaluate applications for permits to develop in special flood hazard areas.

         (b)   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

         (c)   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.

         (d)   Inspect buildings and lands to determine whether any violations of these regulations have been committed.

         (e)   Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.

         (f)   Enforce the provisions of these regulations.

         (g)   Provide information, testimony, or other evidence as needed during variance hearings.

         (h)   Coordinate map maintenance activities and FEMA follow-up.

         (i)   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

         (a)   Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

         (b)   Elevation of the existing, natural ground where structures are proposed.

         (c)   Elevation of the lowest floor, including basement, of all proposed structures.

         (d)   Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.

         (e)   Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

            1.   Floodproofing certification for nonresidential floodproofed structure as required in § 152.70(M)(5).

            2.   Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of § 152.70(M)(4)(e) are designed to automatically equalize hydrostatic flood forces.

            3.   Description of any watercourse alteration or relocation that the flood-carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in § 152.70(M)(9)(c).

            4.   A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by § 152.70(M)(9)(b).

            5.   A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by § 152.70(M)(9)(a).

            6.   Generation of base flood elevation(s) for subdivision and large developments as required by § 152.70(M)(3).

            1.   After receipt of a completed application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in § 152.70(L)(4) has been received by the Floodplain Administrator.

            2.   The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required, including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

         (a)   For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.

         (b)   For all development activities subject to the standards of § 152.70(L)(10)(a), a Letter of Map Revision.

         (a)   Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.

         (b)   Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.

         (c)   Major utility facilities permitted by the Ohio Power Siting Board under R.C. Chapter 4906.

         (d)   Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under R.C. Chapter 3734.

         (e)   Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.

      Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

            1.   For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

               a.   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

               b.   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

               c.   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

               d.   Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with § 152.70(M)(3).

            2.   It is the responsibility of the applicant to have technical data, required in accordance with § 152.70(L)(10)(a), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

            3.   The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

               a.   Proposed floodway encroachments that increase the base flood elevation; and

               b.   Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

            4.   Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to § 152.70(L)(10)(a)1.

         (a)   In areas where FEMA has not identified special flood hazard areas, or in FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

         (b)   Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

         (c)   When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:

            1.   Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.

            2.   Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

         (d)   The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 152.70(N), Appeals and Variances.

         (e)   Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, and the like shall prevail.

         (a)   Determine whether damaged structures are located in special flood hazard areas;

         (b)   Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and

         (c)   Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

      Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with increased cost of compliance insurance claims.

   (M)   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 § 152.70(F) or 152.70(L)(11)(a):

            1.   Private water supply systems in all special flood hazard areas identified by FEMA, permitted under R.C. Chapter 3701.

            2.   Infectious waste treatment facilities in all special flood hazard areas, permitted under R.C. Chapter 3734.

         (a)   All new and replacement 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)   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

         (a)   All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;

         (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 provided to reduce exposure to flood damage;

         (d)   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 five acres, whichever is less; and

         (e)   The applicant shall meet the requirement to submit technical data to FEMA in § 152.70(L)(10)(a)1.d. when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by § 152.70(M)(3)(d).

         (a)   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 (§ 152.70(M)(4)(a)) and construction materials resistant to flood damage (§ 152.70(M)(4)(b)) are satisfied.

         (b)   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

         (c)   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.

         (d)   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. Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

         (e)   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:

            1.   Be used only for the parking of vehicles, building access, or storage; and

            2.   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 flood waters; or

            3.   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 flood waters.

         (f)   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.

         (g)   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 § 152.70(M)(4).

         (a)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of § 152.70(M)(4)(a) through (c) and (e) through (g).

         (b)   New construction and substantial improvement of any commercial, industrial or other nonresidential 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;

            1.   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;

            2.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

            3.   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 § 152.70(M)(5)(b)1. and 2.

         (c)   Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

         (a)   They shall not be used for human habitation;

         (b)   They shall be constructed of flood- resistant materials;

         (c)   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;

         (d)   They shall be firmly anchored to prevent flotation;

         (e)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and

         (f)   They shall meet the opening requirements of § 152.70(M)(4)(e)3.

         (a)   They shall not be located on sites in special flood hazard areas for more than 180 days; or

         (b)   They must be fully licensed and ready for highway use; or

         (c)   They must meet all standards of § 152.70(M)(4).

            1.   In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

            2.   Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

               a.   Meet the requirements to submit technical data in § 152.70(L)(10)(a).

               b.   An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

               c.   Certification that no structures are located in areas that would be impacted by the increased base flood elevation;

               d.   Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and

               e.   Concurrence of the Mayor of the City of Bowling Green and the Chief Executive Officer of any other communities impacted by the proposed actions.

            1.   In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or

            2.   Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, causing more than one foot increase in the base flood elevation may be permitted, provided all of the following are completed by the applicant:

               a.   An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;

               b.   Section 152.70 (M)(9)(a)2.a. and c. through e.

            1.   The bankfull flood-carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood-carrying capacity of the watercourse will not be diminished.

            2.   Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.

            3.   The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood-carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the city specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

            4.   The applicant shall meet the requirements to submit technical data in § 152.70(L)(10)(a)1.c. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

         (a)   The Board of Zoning Appeals is hereby appointed to serve as the Appeals Board for these regulations as established by the §§ 30.133 and 150.100 through 150.107 of these Codified Ordinances and § 7.03 of the Charter.

         (b)   Records of the Appeals Board shall be kept and filed in the City Hall, 304 North Church Street, Bowling Green, Ohio 43402.

         (a)   The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.

         (b)   Authorize variances in accordance with § 152.70(N)(4) of these regulations.

         (a)   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board, provided that such person shall file, within 20 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.

         (b)   Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.

            1.   Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.

            2.   Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.

            1.   The danger that materials may be swept onto other lands to the injury of others.

            2.   The danger to life and property due to flooding or erosion damage.

            3.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

            4.   The importance of the services provided by the proposed facility to the community.

            5.   The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.

            6.   The necessity to the facility of a waterfront location, where applicable.

            7.   The compatibility of the proposed use with existing and anticipated development.

            8.   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

            9.   The safety of access to the property in times of flood for ordinary and emergency vehicles.

            10.   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.

            11.   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.

         (c)   Variances shall only be issued upon:

            1.   A showing of good and sufficient cause.

            2.   A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.

            3.   A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

            4.   A determination that the structure or other development is protected by methods to minimize flood damages.

            5.   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

         Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.

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

            2.   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in § 152.70(N)(4)(b)1. through 11. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

            3.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

         (a)   All testimony shall be given under oath.

         (b)   A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.

         (c)   The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.

         (d)   The Administrator may present evidence or testimony in opposition to the appeal or variance.

         (e)   All witnesses shall be subject to cross-examination by the adverse party or their counsel.

         (f)   Evidence that is not admitted may be proffered and shall become part of the record for appeal.

         (g)   The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.

         (h)   The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.

         (a)   No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in § 152.70(L)(9).

         (b)   Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with § 152.70(O)(3).

         (c)   Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with § 152.70(O)(3).

         (a)   Be put in writing on an appropriate form;

         (b)   Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;

         (c)   Specify a reasonable time for performance;

         (d)   Advise the owner, operator, or occupant of the right to appeal;

         (e)   Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

(Ord. 8108, passed 6-20-2011; Am. Ord. 9100, passed 6-12-2023)

   (B)   Any person who neglects or refuses to obey a proper order issued by the Planning Director or his or her authorized representative shall be guilty of a minor misdemeanor. Each day the unlawful condition is permitted to exist after the time specified for abatement shall constitute a separate offense.

   (C)   Any person who violates § 152.03 or who erects, constructs, alters, or repairs a building or structure in violation of a permit shall be guilty of a minor misdemeanor. It shall be a separate offense for each successive day the violation continues.

(1980 Code, § 152.99) (Ord. 2223, passed 8-1-1966; Am. Ord. 4042, passed 10-6-1980; Am. Ord. 8781, passed 7-15-2019)