Leetsdale City Zoning Code
ARTICLE VIII
Floodplain District Regulations 1
§ 300-40 General provisions.
[Amended 6-12-1985 by Ord. No. 469]
A.
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(1)
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.
(2)
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
(3)
Requiring all those uses, activities, and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
B.
Zoning permits. A zoning permit shall be required for all construction and development, which includes, but is not limited to, buildings or other structures, paving, filling, grading, excavation, mining, dredging, or drilling operations.
C.
Applicability. These provisions shall apply to all lands within the jurisdiction of the Borough of Leetsdale and shown on the Official Zoning Map as being located within the boundaries of any floodplain district.
D.
Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
E.
Warning and disclaimer of liability
(1)
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the floodplain districts, or that land uses permitted within such districts, will be free from flooding or flood damage.
(2)
This article shall not create liability on the part of the Borough or Zoning Officer or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
§ 300-41 Establishment of floodplain districts.
[Amended 6-12-1985 by Ord. No. 469]
A.
Description of districts.
(1)
Basis of districts. For the purposes of this article, the various floodplain districts shall include those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study (FIS) prepared for the Borough by the Federal Insurance Administration (FIA) dated November 1, 1984, and as further amended.
[Amended 10-14-1992 by Ord. No. 507]
(a)
The FW (Floodway Area) is delineated for purposes of this article using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood more than one foot at any point. The areas included in this area are defined in the Floodway Data Table contained in the Flood Insurance Study as prepared by the FEMA and shown on the accompanying FIRM. Where no floodway has been delineated in the FIS, such information contained in any other available federal, state, or other acceptable source should be used.
(b)
The FF (Flood-Fringe Area) shall be that area of one-hundred-year floodplain not included in the floodway. The basis for the outermost boundary of this area shall be the one-hundred-year-flood elevations contained in the flood profiles provided in the FIS. Where elevation information is not provided in the FIS, such information provided in any other available federal, state, or other acceptable source should be used.[1]
[1]
Editor's Note: Former § 802(1)(a)(3), regarding the General Floodplain District (FA), which previously followed this subsection, was repealed 9-21-1995 by Ord. No. 529.
(2)
Overlay concept.
(a)
The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
(b)
Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
(c)
In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.
B.
Zoning Map. The boundaries of the floodplain districts are established as shown on the Official Zoning Map of the Borough of Leetsdale which is declared to be a part of this article and which shall be kept on file at the Secretary's office, Municipal Building.
C.
District boundary changes. The delineation of any of the floodplain districts may be revised by the Borough Council where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the US Army Corps of Engineers River Basin Commission or other qualified agency or individual, documents the notification for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
D.
Interpretation of district boundaries. Initial interpretation of the boundaries of the floodplain districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
§ 300-42 District provisions.
[Amended 6-12-1985 by Ord. No. 469]
A.
All uses, activities and development occurring within any floodplain district shall be undertaken only upon issuance of a zoning permit. Such development shall be undertaken in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Borough Building Code (Chapter 132, Construction Codes, Uniform) and Chapter 265, Subdivision and Land Development.
B.
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
C.
Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the municipality, a permit shall be obtained from the Department of Environmental Resources, Dams and Waterways and Management Bureau. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.
D.
Floodway District (FW). In the Floodway District (FW) any new construction and/or development that would cause any increase in flood heights shall be prohibited.
(1)
Permitted uses. In the Floodway District the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment:
(a)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(b)
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas.
(c)
Accessory residential uses such as yard areas, gardens, play areas, and pervious parking area.
(d)
Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.
(2)
Uses permitted by special exception. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
(a)
Structures except for manufactured homes accessory to the uses and activities in Subsection D(1) above.
[Amended 10-14-1992 by Ord. No. 507]
(b)
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.
(c)
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
(d)
Extraction of sand, gravel, and other materials.
(e)
Temporary uses such as circuses, carnivals, and similar activities.
(f)
Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or, provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.
(g)
Other similar uses and activities, provided they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.
E.
Flood-Fringe District (FF). In the Flood-Fringe District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances.[1]
[1]
Editor's Note: Former § 803(6) and (7), regarding the General Floodplain District (FA), which previously followed this subsection, were repealed 9-21-1995 by Ord. No. 529.
§ 300-43 Special exceptions and variances (additional factors to be considered).
A.
In passing upon applications for special exceptions and variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this chapter.
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted in the Floodway (FW) for any proposed use, development or activity that will cause any increase in flood levels during the one-hundred-year flood.
(2)
The danger that materials may be swept onto other lands or downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and ability of these systems to prevent disease, contamination and unsanitary conditions.
(4)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(10)
The safety of access to the property in times of flood of ordinary and emergency vehicles.
(11)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(12)
Such other factors which are relevant to the purposes of this article.
B.
The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.
C.
Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense; create nuisances; cause fraud or victimization of the public; or conflict with local laws or ordinances.
§ 300-44 Existing structures in floodplain districts.
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions but which is not in conformity with these provisions may be continued subject to the following conditions:
A.
Existing structures and/or uses located in any floodway district shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements).
B.
Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain district to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible regardless of its location in the floodplain district.
C.
The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use regardless of its location in a floodplain district to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this article and any other applicable ordinance.
D.
Uses or adjuncts thereof which are, or become, nuisances shall not be permitted to continue.
§ 300-45 Prohibited structures and activities.
[Added 6-12-1985 by Ord. No. 469]
A.
Development which may endanger human life prohibited. Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises is completely prohibited within any identified floodplain area:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise regulated.
B.
Other prohibited structures and activities, general. The following obstructions and activities are prohibited if located entirely or partially within an identified floodplain area:
(1)
Hospitals (public or private).
(2)
Nursing homes (public or private).
(3)
Jails or prisons.
(4)
New manufactured home parks and manufactured home subdivisions, and substantial improvements to existing manufactured home parks.
[Amended 10-14-1992 by Ord. No. 507]
(5)
New individual manufactured homes.
[Amended 10-14-1992 by Ord. No. 507]
§ 300-46 Definitions.
[Amended 6-12-1985 by Ord. No. 469]
As used in this article, the following terms shall have the meanings indicated:
Any area of the building having its floor below ground level on all sides.
[Added 9-21-1995 by Ord. No. 529]
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
[Amended 10-14-1992 by Ord. No. 507]
A temporary inundation of normally dry land area.
That portion of the floodplain outside the floodway.
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this article, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
Any structure that is:
[Added 9-21-1995 by Ord. No. 529]
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
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;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this article.
[Added 9-21-1995 by Ord. No. 529]
A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.
[Amended 10-14-1992 by Ord. No. 507]
Structures for which the start of construction commenced on or after November 12, 1980, and includes any subsequent improvements thereto.
[Added 9-21-1995 by Ord. No. 529]
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
[Added 9-21-1995 by Ord. No. 529]
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either, before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred.