The flood hazard areas of the City of Sylvania are subject to periodic inundation which results in the loss of life, 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. These flood losses are the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other properties which are inadequately elevated, floodproofed or otherwise protected from flood damages. Therefore, it is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions.

The flood hazard (FH) designation is not intended to be utilized as a district classification, but as a designation which identifies areas subject to regulations which are supplementary to the regulations of the district to which they are attached, appended or overlaid. Regulations which apply to areas designated on the zoning map as being within FH areas must be determined by joint reference to the regulation of the basic district classification and the appended classification. Permitted uses and structures, minimum yard requirements, maximum lot coverage, maximum height of structures, off-street parking and loading requirements, regulation of signs and all other general and special regulations of this ordinance shall apply as provided for the basic district to which the FH is appended.

Areas of special flood hazard. Land in the floodplain subject to a one percent or greater chance of flooding in any given year.

Base flood. Flood having a one percent chance of being equaled or exceeded in any given year.

Development. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Flood. A general or temporary condition of partial or complete inundation of normally dry land from:

(1)

The overflow of inland waters; and

(2)

The unusual and rapid accumulation of runoff or surface water from any source.

Flood hazard boundary map (FHBM). The official map issued by the Federal Emergency Management Agency, FEMA, where areas of special flood hazard have been designated.

Floodway. The channel of a river or other watercourse and the adjacent area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Habitable floor. Any floor usable for living purpose, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

Substantial improvement. A structure built prior to the enactment of the ordinance, any repair, reconstruction or improvement of a structure the cost of which equals or exceeds 50 percent of the structure's market value either:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred. Substantial improvement occurs when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. It does not include any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

11-4.1. The areas of special flood hazard identified by the Federal Emergency Management Agency, FEMA, on its flood hazard boundary map, number 130163 A-H-01-02, dated April 9, 1976, and subsequent revisions are adopted by reference and declared to be part of this ordinance.

11-4.2. No structure or land shall hereafter be located, or extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.

11-4.3. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

11-4.4. In the interpretation of this article, all provisions shall be:

(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.

11-4.5. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur an rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted in such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of Sylvania or any of its officials or employees for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

11-5.1. A building permit shall be required in meeting the provisions of this article. Application for a building permit shall be made to the building inspector on forms furnished by him and may include, but not [be] limited to, the following: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage or materials; drainage facilities; and the location of the intended activity. Specifically, the following information is required:

(a)

Elevation in relation to mean sea level (MSL) of the lowest floor (including basement) of all proposed structures.

(b)

Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

(c)

Certification by a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria set forth in section 8-3011-7.2.

(d)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

11-5.2. The building inspector is appointed to administer and implement this article by granting or denying building permit applications in accordance with its provisions. Duties of the building inspector shall include, but not be limited to, the following:

(a)

Review all building permits to determine that the permit requirements of this article have been satisfied.

(b)

Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the building permit.

(c)

Review all building permits to determine if proposed development adversely affects the flood-carrying capacity of the floodplain. For purposes of the article, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas.

(1)

If it is determined that there is no adverse effect, and the development is not a building, then the permit shall be granted without further consideration;

(2)

If it is determined that there is an adverse effect, then technical justification (i.e., a registered professional engineering analysis) for the proposed development shall be required; and

(3)

If the proposed development is a building, then the provisions of this article shall apply.

11-5.3. When base flood elevation data has not been provided in accordance with section 8-3011-4, then the building inspector shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer section 8-3011-7.

(a)

[The building inspector shall] verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.

(b)

[The building inspector shall] verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed. Certification of such floodproofing shall be obtained in accordance with section 8-3011-7.2.

(c)

All records pertaining to the provisions of this article shall be maintained in the office of the building inspector and shall be open for public inspection.

11-5.4. Alteration of watercourses. [The building inspector shall:]

(a)

Notify adjacent communities and the Department of Natural Resources, Environmental Protection Division, prior to any alteration or relocation of a watercourse, and shall submit evidence of notification to the Federal Emergency Management Agency, FEMA.

(b)

Require that maintenance is provided within the altered or relocated portion of [the] altered watercourse so that the flood-carrying capacity is not diminished.

11-5.5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual physical conditions), the building inspector shall make the necessary interpretation.

11-6.1. In all areas of special flood hazard, the following provisions are required:

(a)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(b)

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top ties to ground anchors.

(c)

Specific requirements shall be that:

(1)

Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, and manufactured homes less than 50 feet long requiring one additional tie per side.

(2)

Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, and manufactured homes less than 50 feet long requiring four additional ties per side.

(3)

All components of the anchoring system be capable of carrying a force of 4,800 pounds.

(4)

Any additions to the manufactured home be similarly anchored.

(d)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(e)

All new construction and substantial improvements shall be constructed by practices and methods that minimize flood damage.

(f)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(g)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into the floodwaters.

(h)

Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(i)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(j)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage.

(k)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(l)

Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres.

(m)

The cumulative effect of any proposed development shall not adversely affect the area of special flood hazard. This determination is to be made in accordance with section 8-3011-5.1(c).

(Ord. No. 493, § 5[6], 11-5-19)

In all areas of special flood hazard where base flood elevation data has been provided as set forth in section 8-3011-5.3, the following provisions are required:

11-7.1. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated to or above base flood elevation.

11-7.2. New construction or substantial improvement of any commercial, industrial or other nonresidential structure (including manufactured homes) shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 8-3011-5.1(c).

(Ord. No. 493, § 5[6], 11-5-19)

The following uses are permitted in areas designated FH, but only if such uses are permitted within the basic district to which the designation is appended, and excluding buildings in connection with such uses:

11-8.1. Single-family dwellings, two-family dwellings, multifamily dwellings and manufactured homes.

11-8.2. Agriculture, horticulture, animal husbandry (excluding dairy farming, feed lots, hog operations and commercial chicken operations) forestry and similar agriculturally related uses.

11-8.3. Parking and loading areas.

11-8.4. Open-air uses such as lawns, gardens, play areas and parking areas.

11-8.5. Recreational uses which are primarily open-air uses and which do not offer substantial impediment to water flow.

11-8.6. Airport runways and landing strips.

11-8.7. Streets, bridges, utility lines, storm drainage facilities, sewerage lines, waste treatment plant outlets and water supply intake structures.

11-8.8. Open mining, extraction of sand, clay, gravel, minerals, ores and the like.

11-8.9. Railroads.

(Ord. No. 493, § 5[6], 11-5-19)

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