Butler City Zoning Code
ARTICLE XIV
Floodplain Districts and Regulations
§ 260-90 General regulations.
In those areas of the City within or adjacent to streams or drainageways and identified in the City of Butler "Flood Insurance Study" prepared by the Federal Emergency Management Agency, Flood Insurance Administration (FIA) as "Floodway," "Floodway Fringe" or "Approximated Floodplain" Districts, the following controls shall apply and the following requirements shall be met:
A.
The boundaries of the Floodway, Floodway Fringe and Approximated Floodplain Districts are more specifically shown on the Flood Boundary and Floodway Map contained in the FIA study dated February 1, 1984, or any revised edition thereof.
B.
The Floodway, Floodway Fringe and Approximated Floodplain Districts are intended as overlays upon the City of Butler Zoning Map[1] and together constitute the one-hundred-year floodplain.
[1]
Editor's Note: The Zoning Map is located at the end of this chapter.
C.
Where other regulations of this chapter within these districts are more restrictive than the controls of this Article, those regulations shall apply.
D.
When a developer can demonstrate from detailed studies prepared by a registered professional engineer that a change in the Floodway, Floodway Fringe or Approximated Floodplain District boundary from that shown on the Flood Boundary and Floodway Map can be justified, Council may approve such change but only after consulting with and securing approval from the FIA.
§ 260-91 Boundary determinations; appeals; building permits.
A.
The Zoning and Code Management Officer shall be responsible for determining whether a property or a portion thereof proposed for development or other improvement is within a Floodway, Floodway Fringe and Approximated Floodplain District and what minimum floor elevation will apply to the development to meet the requirements of this Article. Appeals from the decision of the Zoning and Code Management Officer shall be to the Zoning Hearing Board.
B.
Any proposals to grade or fill land or make any other man-made changes in or upon it even though not a part of a building construction program, shall require that a permit be issued. When issuing building permits the Zoning and Code Management Officer shall review the application to determine compliance with relevant state and federal regulations such as the State Water Obstruction Act of 1913.[1]
[1]
Editor's Note: The State Water Obstruction Act of 1913 was repealed 10-13-1979 by P.L. 204, No. 70. See now 32 P.S. § 693.1 et seq.
C.
For purposes of this Article, "development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, paving, filling, grading, excavation, mining, dredging or drilling operations.
§ 260-92 Disclaimer of liability.
This Article does not imply that areas of the City of Butler outside the Floodway, Floodway Fringe or Approximated Floodplain Districts or land uses permitted by right or by special exception within the districts will be free from flooding or flood damages. This Article shall not create liability on the part of the Zoning and Code Management Officer or any other officer or employee, whether elected or appointed, of the City of Butler for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder.
§ 260-93 Permitted uses.
A.
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels and floodways of any watercourse in the city. Development that does occur within a floodway shall not be permitted except where the effect of such development on flood elevations is fully offset by accompanying improvements acceptable to the Department of Environmental Protection, Dams and Encroachment Division. Where any watercourse is proposed to be relocated or altered in connection with a development, copies of such proposal shall be sent to Butler Township, Penn Township, Center Township, Summit Township or any appropriate municipalities, the Federal Insurance Administration and the Department of Community Affairs, and approval for such development may only be given by the Dams and Encroachment Division. The following uses shall be permitted unless otherwise prohibited by the underlying zoning district:
(1)
Permitted uses in the Floodway District are as follows:
(a)
Agricultural and horticultural activities carried on out-of-doors.
(b)
Outdoor recreational uses.
(c)
Accessory residential uses such as yard areas, gardens and parking areas with previous surfaces.
(d)
Accessory commercial or industrial uses, such as yard areas and parking or loading areas with pervious surfaces.
(2)
Permitted uses in the Floodway Fringe District and Approximated Floodplain District are as follows:
(a)
Any use permitted in the underlying zoning district, provided that all new development or additions to existing development are undertaken in strict compliance with the floodproofing and related provisions contained in § 260-96.
§ 260-94 Special exception uses; variances; prohibited uses.
A.
When deliberating a special exception or variance request, the Zoning Hearing Board shall consider, in addition to factors that normally apply to such request, the following:
(1)
The effect of the proposed use on causing increased flood heights or velocities.
(2)
The possibility of materials stored on the property under the proposal being swept away by floodwaters.
(3)
The floodproofing of sewage disposal, water supply, gas, electric and other utility systems to serve the proposal.
(4)
The ability of the proposal, its structures and contents to withstand flood damages.
(5)
The safety of access to the proposal for evacuation in times of flood for ordinary and emergency vehicles.
B.
Under no circumstances shall a special exception or variance be granted in a Floodway District that will cause any increase in the one-hundred-year-flood level.
C.
The Zoning Hearing Board may refer the proposal to the City Engineer, any other registered professional engineer or to the Butler County Soil Conservation District for evaluation of the proposal in relation to the flood heights and velocities that might be created as a result of the proposed development, and the adequacy of plans for protection of downstream areas. Excess costs incurred by the City in evaluating a development in the floodplain shall be paid by the developer. The City shall submit an itemized bill of such costs to the developer.
D.
The following uses and activities may be permitted by special exception in the Floodway District, provided that they are in compliance with the provisions of the underlying zoning district:
(1)
Structure, except a mobile home, accessory to any permitted use in the Floodway District.
(2)
Utilities and public facilities and improvements thereto.
(3)
Temporary use for a period not to exceed 60 days and to be removed by the end of that period.
(4)
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are firmly anchored to prevent notation or movement.
E.
In the event that the Zoning Hearing Board determines to grant a variance permitting the lower floor of a residential building below one and one-half (1 1/2) feet above the one-hundred-year-floodplain elevation, or permitting any other structure to be erected without W-1 or W-2 class waterproofing below that elevation, the Board shall inform the party requesting the variance that his proposal increases the risk to life and property on his premises and that his flood insurance premiums will be raised significantly.
F.
Any new or substantially improved structure to be used for the production or storage of any of the following substances or which will be used for any activity requiring the maintenance of a supply of more than 550 gallons or comparable dry weight of any of the following materials or substances or any amount of radioactive substances, on the premises shall be prohibited in the Floodway and Approximated Floodplain Districts:
Acetone | |
Ammonia | |
Benzene | |
Calcium carbide | |
Carbon disulfide | |
Celluloid | |
Chlorine | |
Hydrochloric acid | |
Hydrocyanic acid | |
Magnesium | |
Nitric acid and oxides of nitrogen | |
Petroleum products, such as gasoline, fuel oil, etc. | |
Phosphorus | |
Potassium | |
Sodium | |
Sulfur and sulfur products | |
Pesticides including insecticides, fungicides and rodenticides | |
Radioactive substances |
G.
Any new or improved structure covered by Subsection F hereof may be permitted by special exception in the Floodway Fringe District, provided that it is in compliance with the provisions of the underlying zoning district and provided further that:
(1)
It is elevated or designed and constructed to remain completely dry up to at least one and one-half (1 1/2) feet above the one-hundred-year-flood level.
(2)
It is designed to prevent pollution from the structure or activity during the course of the one-hundred-year flood.
(3)
Any portions of it built below one and one-half (1 1/2) feet above the one-hundred-year flood shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication, Flood-Proofing Regulations (United States Army Corps of Engineers, June 1972, as may be amended).
H.
The following uses and activities shall be prohibited if they are to be located partially or entirely within either the Floodway, Floodway Fringe or Approximated Floodplain Districts:
(1)
Hospitals whether public or private.
(2)
Nursing homes whether public or private.
(3)
Jails.
(4)
Mobile homes on individual lots, new mobile home parks and mobile home subdivisions and improvements to existing mobile home parks.
§ 260-95 Submission requirements for special exception uses and variances.
A.
In addition to the material normally submitted with application for a building permit, the developer of land wholly or partly within the Floodway, Floodway Fringe or Approximated Floodplain Districts shall provide the following additional information in five copies:
(1)
The location of a stream if it crosses his property.
(2)
The location of the edge of the Floodway and/or Floodway Fringe or Approximated Floodplain District within his property.
(3)
The elevation of the one-hundred-year flood within his property.
(4)
The elevation of the lowest floor including basements of any proposed structure or structures or additions to existing structures whether or not floodproofed or to be floodproofed.
(5)
The extent, indicated by existing and proposed contours at two-foot intervals, of revisions to the existing land surface contained in the proposal.
B.
The Zoning and Code Management Officer shall verify the one-hundred-year flood level indicated on the application and shall not issue a building permit until satisfied it and the lowest floor elevations are correct. The flood level and acceptable lowest floor elevations shall be recorded on the building permit.
§ 260-96 Construction standards.
A.
Before issuing a building permit for construction within a Floodway, Floodway Fringe or Approximated Floodplain District, the Zoning and Code Management Officer shall satisfy himself that the following criteria have been met:
(1)
The lowest floor elevation including basements of any structure containing a residential use shall be not less than one and one-half (1 1/2) feet above the floodplain level for the one-hundred-year flood. The one-hundred-year flood level relative to a proposed floor elevation shall be determined by survey from one or more of the reference marks indicated on the Flood Boundary and Floodway Map.
(2)
The lowest floor elevation including basements of any other structure shall be not less than one and one-half (1 1/2) feet above the one-hundred-year floodplain level or be floodproofed up to that level. Floodproofing shall meet at least the class W-1 or W-2 criteria as defined in Floodproofing Regulations, prepared by the United States Army Corps of Engineers. Drawings and specifications prepared for the structure to be floodproofed shall be certified by the registered architect or engineer preparing them as providing W-1 or W-2 protection.
(3)
Fill materials used in connection with site preparation shall extend laterally at least 15 feet beyond the edge of the structure at all points, shall consist of soil and/or small rock materials only and shall be thoroughly compacted and planted immediately after completion with a fast-catching vegetative cover or treated with a rip-rap surface. Slopes created by grading shall not exceed one foot vertical rise to each two feet of horizontal run and shall present minimum resistance to the natural stream flow. Any proposed alteration of a watercourse shall require the prior approval of the State Department of Environmental Protection.
(4)
Structures shall be located to offer the minimum obstruction to natural stream flow and shall be anchored to prevent flotation, collapse or lateral movement.
(5)
No fences or other structure that may impede stream flow, collect debris or alter flow characteristics of natural drainage shall be permitted.
(6)
Construction and finishing materials to be used in areas below an elevation one and one-half (1 1/2) feet above the floodplain elevation shall be impervious to inundation and shall not be susceptible to causing structural damage if saturated. Plywood, paints and adhesives shall be marine or water-resistant types, and door and window frames shall be metal.
(7)
All electrical equipment, water heaters, furnaces, and air conditioning and ventilating systems shall be located at least one and one-half (1 1/2) feet above the floodplain elevation. Electrical distribution panels shall be at least three feet above this elevation. Any service to space below the floodplain elevation shall be a separate circuit and shall be dropped from above.
(8)
Below-grade sewage disposal and water supply connections shall be floodproofed by installation of backwater valves or other appropriate equipment to eliminate infiltration or discharges into floodwaters. Gas and oil supply systems shall be similarly floodproofed and designed to be drained of floodwater if infiltrated.
(9)
All parts of the property shall drain away from the structure or structures.
B.
Structures existing in a Floodway, Floodway Fringe or Approximated Floodplain District prior to February 1, 1984, but which are not in compliance with these provisions, may be maintained, subject to the following regulations:
(1)
Existing structures located in a Floodway District shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood levels is fully offset by accompanying improvements in the adjacent stream channel.
(2)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, when the cost of such work amounts to less than 50% of the structure's current market value, shall be floodproofed or elevated as much as is practical.
(3)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, when the cost of such work amounts to at least 50% of the structure's current market value, shall be undertaken only in full compliance with the provisions of this Article.
(4)
Market value for the purposes of this section shall be determined by taking the most recent sales price of the property and raising it by 5% per year since the year of the most recent sale. The value thus derived shall be prorated based on the most recent assessed valuations to determine the market value of the structure.
