The legislature of the State of Ohio has delegated to municipal corporations the responsibility to adopt a plan for dividing the municipal corporation or any portion thereof into zones or districts in the interest of the public health, safety, convenience, comfort, prosperity and general welfare for the limitation and regulation of the uses of buildings and other structures and of premises in such zones or districts. Therefore, Council ordains this chapter.

(Ord. 76-23. Passed 12-20-76.)

   (a)    Flood Losses Resulting From Periodic Inundation. The flood hazard areas of Mayfield Village are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare.

   (b)    General Causes of Flood Losses. These flood losses are caused by:

      (1)    The cumulative effect of obstructions in flood plains, causing increased flood heights and velocities;

      (2)    The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages.

   (c)    Methods Used to Analyze Flood Hazards. This chapter relies upon a two-step process for reasonably analyzing the flood hazard affecting specific lands. The Official Zoning Map adopted as part of this chapter by Section 1177.06 provides the first step by delineating a Regional Flood Plain District determined to be subject to flooding, based upon evidence of past flood events as shown on Flood Insurance Study and Flood Insurance Rate Map provided by F.I.A. The following information has been used to delineate this district: soil maps, historic flood maps, topographic studies and such other aids as the Village Engineer shall determine.

   When specific information becomes available to designate separate Floodway and Floodway Fringe Districts, this Regional Flood Plain District may be separated into the two districts. In areas where this designation has not yet been made the second step involves a determination of the flood hazard at the site of any proposed special exception use. All uses, other than open space uses, are special exception uses under the terms of Section 1177.13(b) and require a case by case evaluation by the Board of Appeals, with expert technical assistance where necessary. The Board shall, where applicable:

      (1)    Estimate the discharge of the regional flood which is representative of large floods known to have occurred in this region and which are reasonably characteristic of what can be expected to occur on the particular streams subject to this chapter. It is in the general order of a flood which could be expected to occur on the average once every 100 years.

      (2)    Determine the specific flooding threat at the site of the proposed special exception use and determine whether the use is located in a floodway or floodway fringe area by:

         A.    Calculation of water surface elevations and flood protection elevations based upon hydraulic analysis of the capacity of the stream channel and overbank areas to convey the regional flood. Flood protection elevations shall be one foot above the water surface elevations of the regional flood.

         B.    Computation of the floodway required to convey this flood without increasing flood heights to an extent which would cause substantial upstream or downstream damage to existing or reasonably anticipated future development. Computation of increases in flood heights caused by any encroachment shall be based upon the reasonable assumption that there will be an equal degree of encroachment on both sides of the stream within that reach. Generally, any increase in flood stages attributed to encroachments on the flood plain of any river or stream shall not exceed 0.5 feet in any one reach or for the cumulative effect of several reaches.

      (3)    Evaluate the effects of the proposed use upon the public health, safety and general welfare in light of the purposes of this chapter and the standards established herein and deny, grant or conditionally grant the application for the proposed use.

         (Ord. 76-23. Passed 12-20-76.)

   It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize those losses described in Section 1177.02(a) by provisions designed to:

   (a)    Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocities.

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

   (c)    Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

      (Ord. 76-23. Passed 12-20-76.)

   Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

   (a)    "Accessory use or structure" means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, a principal use or structure.

   (b)    "Board" means the Board of Appeals.

   (c)    "Development" means any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling.

   (d)    "Equal degree of encroachment" means a standard applied in determining the location of encroachment limits so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach.

   (e)    "Flood" means a temporary rise in stream level that results in inundation of areas not ordinarily covered by water.

   (f)   "Floodway" means the channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood.

   (g)    "Floodway fringe" means that portion of the regional flood plain located outside of the floodway.

   (h)    "Flood frequency" means the average frequency statistically determined, for which it is expected that a specific flood level or discharge may be equaled or exceeded.

   (i)    "Obstruction" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regional flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

   (j)    "Person" means any natural person, firm, partnership, association or corporation, but does not include any governmental unit.

   (k)    "Reach" means a hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are influenced by a man-made or natural obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a reach.

   (l)    "Regional flood" means a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regional flood generally has a frequency approximately 100 years as is determined by an analysis of floods in a particular stream and other streams in the same general region.

   (m)    "Regional flood plain" means the area inundated by the regional flood (100 year frequency flood). This is the flood plain area which shall be regulated by the standards and criteria in this chapter.

   (n)    "Flood protection elevation" means the elevation to which uses regulated by this chapter are required to be elevated or floodproofed.

   (o)    "Structure" means anything constructed or erected, on the ground or attached to the ground, including but without limitation to buildings, factories, sheds, cabins, mobile homes and other similar uses.

      (Ord. 76-23. Passed 12-20-76.)

   (a)    This chapter shall apply to all lands within the jurisdiction of Mayfield Village shown on the Official Zoning Map as being located within the boundaries of the Regional Flood Plain District.

   (b)    The flood protection elevation and necessary floodway areas shall be established by the Board of Appeals as provided in Section 1177.20(b).

(Ord. 76-23. Passed 12-20-76.)

   The Official Zoning Map, together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this chapter. The Official Zoning Map will be on file in the office of the Clerk of Council.

(Ord. 76-23. Passed 12-20-76.)

   The boundaries of the Regional Flood Plain District shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map the Board of Appeals shall make the necessary interpretation. The person 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.

(Ord. 76-23. Passed 12-20-76.)

   No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.

(Ord. 76-23. Passed 12-20-76.)

   It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

(Ord. 76-23. Passed 12-20-76.)

   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of Council, and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

(Ord. 76-23. Passed 12-20-76.)

   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the Regulatory Flood Plain District boundaries or land uses permitted within such district will be free from flooding damages. This chapter shall not create liability on the part of Mayfield Village or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 76-23. Passed 12-20-76.)

   The mapped flood hazard areas within the jurisdiction of this chapter as the same may be amended from time to time by the Federal Insurance Administration are hereby designated as the Regional Flood Plain District. The boundaries of this district shall be shown on the Official Zoning Map. Within this district all uses not allowed as permitted uses or permissible as special exception uses shall be prohibited.

(Ord. 76-23. Passed 12-20-76.)

   (a)    Permitted Uses. The following open space uses shall be permitted within the Regional Flood Plain District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials or equipment. In addition, no use shall adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributary to the main stream, drainage ditch or any other drainage facility or system.

      (1)    Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.

      (2)    Industrial or commercial uses such as loading areas, parking areas and airport landing strips.

      (3)    Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

      (4)    Residential uses such as lawns, gardens, parking areas and plan areas.

   (b)    Special Exceptions. All uses other than those specified in subsection (a) hereof are permitted only upon application to the Building Commissioner and the issuance of a special exception by the Board of Appeals, as provided in Section 1177.20. The Regional Flood Plain District encompasses both floodway and floodway fringe areas. Therefore, the Board, as provided in Section 1177.02(c), shall determine whether the proposed special exception use is located within a floodway or floodway fringe area. If it is determined that the proposed use is located within the floodway, the provisions of Section 1177.14 shall apply. If it is determined that the proposed use is located within the floodway fringe, the provisions of Section 1177.15 shall apply. All uses shall be subject to standards contained in this chapter.

   (c)    Requirements Which Apply.

      (1)    The Building Commissioner shall keep records of all floor elevations within the flood plain area. The Building Department shall keep records of all elevations to which buildings in the flood plain have been floodproofed.

      (2)    Certification for floodproofing of structures and improvements within the flood plain shall be submitted to the Building Commissioner by a registered engineer or architect. The Building Commissioner shall keep all records of certifications.

      (3)    The developer shall obtain all State, Federal or County permits if needed.

      (4)    Should a request for the alteration of a portion of a watercourse be made the following is required:

         A.    Notify and coordinate with upstream and downstream communities.

         B.    Send copy of relocation data to State Coordinator in Ohio for approval.

         C.    Submit design calculations prepared by a registered engineer and assure the carrying capacity of any altered watercourse will be maintained.

      (5)    Within any unnumbered A zones as shown on the Village Flood Insurance Rate Map. The Village Engineer will obtain and review any 100 year flood date until such data is furnished by F. I. A. in order to require that:

         A.    Residences shall be constructed on fill with the lowest floor including basement floor at least one foot above the regional elevations. The fill shall extend at least fifteen feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance with this provision impractical or in other special circumstances, the Board of Appeals, may authorize other techniques for elevation. Such structures shall be anchored to resist flotation or lateral movement.

          B.    Structures other than residences shall also ordinarily be elevated on fill as provided in Section 1177.15(b)(1) but may, in special circumstances, be protected as provided in Section 1177.20(e) to a point at or above the flood protection elevation.

            (Ord. 76-23. Passed 12-20-76.)

   (a)    Permitted Uses. Uses permitted in Section 1177.13(a) are permitted uses.

   (b)    Special Exceptions. Other uses are allowed only as special exception uses within the floodway provided they comply with the provisions of this subsection, subsections (c), (d) and (e) hereof, and other standards established in this chapter, and any conditions attached by the Board to the issuance of special exception permits. No structure, temporary or permanent, fill including fill for roads and levees, deposit, obstruction, storage of materials or equipment, or other use shall be permitted which, acting alone or in combination with existing or reasonably anticipated uses, impairs the efficiency or the capacity of the floodway or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on the assumption that wherever physically possible there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. Special exception uses include:

      (1)    Uses or structures accessory to open space or special permit uses.

      (2)    Railroads, streets, bridges, utility transmission lines and pipelines.

      (3)    Storage yards for equipment, machinery or materials.

      (4)    Kennels and stables.

      (5)    Other uses similar in nature to uses described in Section 1177.13(a) which are consistent with the provisions set out in Section 1177.03 and this section.

   (c)    Fill.

      (1)    Any fill or materials proposed to be deposited in the floodway will be allowed only upon issuance of a special exception. The fill or materials must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.

      (2)    Such fill or other materials shall be protected against erosion by rip-rap, vegetative cover or bulkheading.

   (d)    Structures (Temporary or Permanent) Accessory to Special Permit Uses.

      (1)    Structures shall not be designed for human habitation.

      (2)    Structures shall have a low flood damage potential.

      (3)    The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.

         A.    Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and

         B.    So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

      (4)    Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river.

      (5)    Service facilities such as electrical and heating equipment shall ordinarily be constructed at or above the flood protection elevation for the particular area.

      (6)    Any new or improved water or sewer system shall be designed to minimize infiltration due to flooding and that any onsite waste disposal systems shall be designed to avoid impairment due to flooding.

   (e)    Storage of Material and Equipment.

      (1)    The storage or processing of materials that in time of flooding are buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

      (2)    Storage of other material or equipment may be allowed upon issuance of special exceptions if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning.

(Ord. 76-23. Passed 12-20-76.)

   (a)    Permitted Uses. Uses listed in Section 1177.13(a) as permitted uses are permitted uses.

   (b)    Special Exceptions. Structural or other uses shall be permitted within the floodway fringe as special exception uses to the extent they are not prohibited by any other ordinance and they meet the following applicable standards:

      (1)    Residences shall be constructed on fill with the lowest floor including basement floor at least one foot above the regional elevations. The fill shall extend at least fifteen feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance with this provision impractical or in other special circumstances, the Board of Appeals may authorize other techniques for elevation. Such structures shall be anchored to resist flotation or lateral movement.

      (2)    Structures other than residences shall also ordinarily be elevated on fill as provided in subsection (a) hereof but may, in special circumstances, be protected as provided in Section 1177.20(e) to a point at or above the flood protection elevation.

      (3)    Any new or improved water or sewer system shall be designed to minimize infiltration due to flooding and that any onsite waste disposal systems shall be designed to avoid impairment due to flooding.

         (Ord. 76-23. Passed 12-20-76.)

   The Building Commissioner shall administer and enforce this chapter. If he finds a violation of the provisions of this chapter, he shall notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. (Ord. 76-23. Passed 12-20-76.)

   (a)    Zoning Permit Required. A zoning permit issued by the Building Commissioner in conformity with the provisions of this chapter shall be secured prior to the erection, addition or alteration of any building or structure or portion thereof; prior to the use or change of use of a building, structure or land; and prior to the change or extension of a nonconforming use; and prior to any development.

   (b)    Application for Zoning Permit. Application for a zoning permit shall be made in duplicate to the Building Commissioner on forms furnished by him and shall include the following where applicable: plans, in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill and storage of materials; and the location of the foregoing in relation to the channel.

   (c)    Certificate of Zoning Compliance for New, Altered or Nonconforming Uses.

      (1)    No person shall use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance has been issued therefor by the Building Commissioner stating that the use of the building or land conforms to the requirements of this chapter.

      (2)    No conforming structure or use shall be used after substantial alteration until a certificate of zoning compliance has been issued by the Building Commissioner. The certificate of zoning compliance shall state specifically the particulars, if any, in which the nonconforming structure or use differs from the provisions of this chapter.

   (d)    Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Zoning Compliance. Zoning permits, special exception uses, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided by Section 1177.99. The applicant shall ordinarily be required to submit certification by a registered professional engineer or other qualified person designated by the governing body that the finished fill and building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter.

(Ord. 76-23. Passed 12-20-76.)

   The Board of Appeals is authorized and directed as follows:

   (a)    Rules. The Board shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Board by State law.

   (b)    Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of administration of this chapter.

   (c)    Special Exceptions. It shall hear and decide applications for special exception uses upon which the Board is authorized to pass under this chapter.

   (d)    Variances. It may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation, for the particular area, or permit standards lower than those required by State law.

      (Ord. 76-23. Passed 12-20-76.)

   (a)    Hearings. Upon the filing with the Board of Appeals of an appeal from a decision of the Building Commissioner, an application for special exception or an application for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing, in accord with State law or Charter, and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written and oral evidence for the record which he may have transcribed by a stenographer. The written transcript, if presented to the Board by the appellant, shall be a part of the record.

   (b)    Decisions. The Board shall arrive at a decision on such appeal, special exception use or variance within a reasonable time. In passing upon such, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a special exception or variance, the Board may prescribe appropriate conditions and safeguards, in addition to those specified in Section 1177.20(e), which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the special exception or variance is granted, shall be deemed a violation of this chapter punishable under Section 1177.99.

   (c)    Appeal to the Court. Appeals from any decision of the Board may be taken by any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the Village, or Council, to the County Court of Common Pleas.

(Ord. 76-23. Passed 12-20-76.)

   (a)    Application. Application for any use listed in this chapter as requiring a special permit may be allowed only upon application to the Building Commissioner on forms furnished by him and issuance of a special exception by the Board. Upon receipt of the application the Commissioner shall forthwith submit it to the Board.

   (b)    Procedure. Upon receiving an application for a special permit involving the use of fill, construction of structures, or storage of materials, the Board shall, prior to rendering a decision thereon:

      (1)    Require the applicant to furnish such of the following information as is deemed necessary by the Board for determining the regional flood protection elevation, whether the proposed use is located in the floodway or floodway fringe, and other factors necessary to render a decision on the suitability of the particular site for the proposed use:

         A.    Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures and the relationship of the above to the location of the channel.

          B.    A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information.

         C.    Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types and other pertinent information.

         D.    Profile showing the slope of the bottom of the channel or flow line of the stream.

         E.    Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water-supply and sanitary facilities.

      (2)    Transmit one copy of the information described in subsection (b)(l) hereof to a designated engineer or other expert person or agency for technical assistance is determining whether the proposed use is located in the floodway or floodway fringe; in determining the regional flood protection elevation; and in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. The procedures specified in Section 1177.02(c) shall be followed in this expert evaluation.

      (3)    Based upon the technical evaluation of the designated engineer or expert, the Board shall determine whether the proposed use is located within the floodway or floodway fringe, determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard.

   (c)    Factors as Basis for Decision. In passing upon special exception applications, the Board shall consider all relevant factors specified in other sections of this chapter and:

      (1)    The danger to life and property due to increased flood heights or velocities caused by encroachments.

      (2)    The danger that materials may be swept on to other lands or downstream to the injury of others.

      (3)    The proposed water supply and sanitation systems and the 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 owner.

      (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 the existing development and development anticipated in the foreseeable future.

      (9)    The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

      (10)    The safety of access to the property in times of flood for 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 chapter.

   (d)    Time for Acting on Application. The Board shall act on an application in the manner above described within thirty days from receiving the application, except that where additional information is required by the Board pursuant to subsection (b)(1) hereof, the Board shall render a written decision within thirty days from the receipt of such information.

   (e)    Conditions Attached to Special Permits. Upon consideration of the factors listed above and the purposes of this chapter, the Board may attach such conditions to the granting of special exceptions or variances as it deems necessary to further the purposes of this chapter. Among such conditions without limitation because of specific enumeration may be included:

      (1)    Modification of waste disposal and water supply facilities.

      (2)    Limitations on periods of use and operation.

      (3)    Imposition of operational controls, sureties and deed restrictions.

      (4)    Requirements for construction of channel modifications, dikes, levees and other protective measures.

      (5)    Floodproofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regional flood. The Board of Appeals shall require that the applicant submit a plan or document certified by a registered professional engineer that the flooding measures are consistent with the flood protection elevation and associated flood factors for the particular area. The following floodproofing measures may be required without limitation because of specific enumeration.

         A.    Anchorage to resist flotation and lateral movement.

         B.    Installation of watertight doors, bulkheads and shutters, or similar methods of construction.

            (Ord. 76-23. Passed 12-20-76.)

   (a)    A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions.

   (b)    No such use shall be expanded, changed, enlarged, or altered in any way which increases its nonconformity.

   (c)    No structural alteration, addition or repair to any nonconforming structure over the life of the structure shall exceed fifty percent of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use.

   (d)    If such use is discontinued for two years or more any future use of the building premises shall conform to this chapter. The Building Commissioner shall notify the Board of Appeals in writing of instances of nonconforming uses which have been discontinued for a period of one year.

   (e)    If any nonconforming use or structure is destroyed by any means, including floods, to an extent of fifty percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this chapter. Provided that the Board of Appeals may permit reconstruction if the use or structure is located outside the floodway and upon reconstruction, is adequately and safely floodproofed, elevated or otherwise protected in conformity with Section 1177.20(e).

   (f)    Uses of adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

   (g)    Except as provided in subsection (f) hereof, any use which has been permitted as a special exception use shall be considered a conforming use.

   (h)    Any alteration, addition or repair to a nonconforming structure which would substantially increase its flood damage potential shall be protected by measures pursuant to Section 1177.20(e).

   (i)    The Building Commissioner shall prepare a list of those nonconforming uses which have been floodproofed or otherwise adequately protected in conformity with Section 1177.20(e). He shall present such list to the Board of Appeals which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this chapter.

(Ord. 76-23. Passed 12-20-76.)

   The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed as provided in the Charter and Village ordinances. No such action may be taken until a public hearing in relation thereto has been held at which parties in interest and citizens shall have an opportunity to be heard. At least thirty days notice of the time and place of such hearing shall be published in a newspaper of general circulation in Mayfield Village.

(Ord. 76-23. Passed 12-20-76.)

   If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(Ord. 76-23. Passed 12-20-76.)

   Violation of the provisions of this chapter or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with grants of variances or special exceptions shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty days, or both, and in addition, shall pay all costs and expenses involved in the case.

   Nothing herein contained shall prevent the Council from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 76-23. Passed 12-20-76.)